shoulder injury with lots of surgery dr. says might not be abel to return to present line of work boss says if i cant i'll have to find new job or take a lesser paying one can they do this
2006-07-01 03:53:45 · 15 answers · asked by joseph l 1 in Politics & Government ➔ Law & Ethics
Well if you physically can't do the work any more, what are they suppose to do? I'm sure they will have to pay you something though. so if they are just trying to fire you, contact an attorney.
2006-07-01 03:59:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The reality is that if an injury leaves you in a condition where you are UNABLE to do your previous job, then of course they can let you go. You do not have to keep someone on payroll who is unable to work!
The workmans comp insurance company could be made to pay for any and all future care related to the injury. They also should be paying your salary while you are out and you might be able to get training paid for toward a new line of work.
You might want to contact a work related injury lawyer.
2006-07-01 11:01:03 · answer #2 · answered by Michelle A 4 · 0⤊ 0⤋
If you got hurt on the job and the fault is on you then yes, your employer has a just cause , but if the injury was caused by the negligence of your employer by misinformation or by nontraining, or fault of another employee ie;accident indirectly by no falut of your own then NO and you have just cause for compensation ie; money for the time off work, and pain & suffering$$$$$.And the cannot fire youor demote you without just cause unless the job you do demands a replacement. If the injury happened off the job then your s*** out of luck and would have to look for another line of work or take a lessor paying job with that sme company. Most companies will accomidate the employee the best they can, But if your employer is for instance WALMART then your are really up the proverbial Creek
2006-07-01 11:08:00 · answer #3 · answered by GRANT O 1 · 0⤊ 0⤋
as an employer i will tell you what you MUST do.first report it to your boss second tell your Dr. that it a workers comp injury.then file the proper papers with the comp people.your Dr. can and by law must help you with this.your bosses comp carrier will take care of the rest.this is required ins. that your employer must have.BUT if you have done paperwork and filed yourself as comp exempt,(this is common in many construction jobs or sub jobs)you are pretty much on your own.if you were hurt because of poor equiptment or some other thing that your boss had control over than he will have to pay for your rehab,as well as some compensation.if your boss didnt give the name of his/her comp carrier i suggest you look in your local yellow pages under lawer and find one that specialises in workers comp cases...there will be MANY!!!be warned if you were working fora friend it will end now.but you must take care of yourself i didnt do this almost 5 years ago and my rotator cuff is unbeleiveablly painfulllll fix it NOW.
2006-07-01 11:13:25 · answer #4 · answered by fearlessfegundez 2 · 0⤊ 0⤋
You can loose your job if you are physically unable to perform it. However, if your injuries were incurred ON the job, while performing tasks within the scope of your employment, then you have a lawsuit. You can sue for damages equal to the pay you would loose if you were fired.
They may have to pay this indefinitely depending on the seriousness of the injury, and if you are still able to find another job.
2006-07-01 12:03:22 · answer #5 · answered by Christopher 4 · 0⤊ 0⤋
Yes and No. Your company can put you into a different job but cannot force the pay cut on you. If you were hurt on the job, worker's comp should pay the difference. Go to a legal aid center, they can give you the facts.
2006-07-01 11:01:00 · answer #6 · answered by jim w 3 · 0⤊ 0⤋
while collecting workers comp for getting hurt on the job, employers if you can't function as to the regular job you did before, they can provide a job you can do as they are not required to keep anyone that can't work. there has been alot of case law rulings on many differant situations in every state. check with a local worker comp attorney. if he keeps up to date on the rulings of federal and state courts on employement law. you can get the info you need and if your state won't allow the employer to act in this manner, the attorney can take the case.
2006-07-01 11:03:35 · answer #7 · answered by hollywood71@verizon.net 5 · 0⤊ 0⤋
No definitely! if you are hurt by the nature of the job and if it is due to the unsafe environment in your work place, your boss can't put himself away from the responsibilities!
on a humanity grounds, under the human rights protection, it's a deprivation of rights to life, i should say!
seek for legal advise!
2006-07-01 13:09:07 · answer #8 · answered by Louis L 2 · 0⤊ 0⤋
YOu need to get an attorney! If u are under workers comp, ur job has to be protected!
GET an attorney, u even can get a lump sum payment for compensation on ur shoulder
2006-07-01 11:00:50 · answer #9 · answered by steveangela1 5 · 0⤊ 0⤋
You can't lose your job for simply being injured on the job. However, if you can't fully perform your present position,then they can place you in another position. No, it doesn't have to be at the same payrate.
2006-07-01 15:32:38 · answer #10 · answered by midnightdealer 5 · 0⤊ 0⤋