Can an employer fire you from being off work due to an injury at work?

Question

A friend broke her foot at work. She is trying to tell me they have no light duty work and they will asses her points and fire her if she does not go to work. If she does work this could lead to further injury to her. Can an employer fire her with having a physicians excuse from work. Or place her job in any kind of jepordy. State is PA where headquarters is located. Acual job is in WV.

Answer 1

If your friend injuried herself at work then she should've gone through the Human Resources Dept to go through all the stuff having to do with Worker's Compensation. Once she has seen a doctor, then she should be giving copies to and keeping the HR department on what what the doctor wants her to do (i.e.: light duty, stay off work for 3 weeks, etc.). She cannot go back to work until the doctor releases her and this would be done with written notification that she would take to the HR department, and the doctor will write on this notification whether she can go back to full duties, light duty, change of duty, etc. If she is off work a certain amount of time (I believe it's at least 2 weeks or longer) than she would get disability. Again, on disability she would have to have written notification from the doctor to be released back to work.

Her employer cannot force her to go back to work, nor can they fire her. However, they can release her from her job duties or if the doctor has specific duties for her and there is no position available. This would be called "a business necessity." It is a big loop hole and it's the employers round about way of canning your butt. The reason I know this is because it happened to me. I always thought that an employer couldn't fire you while on disability but after getting notification from them that they had no positions available with my doctors restrictions I immediately called my attorney and he informed me of the "business necessity" B.S.

If I were your friend, she should make sure that her butt is covered as far as going through the H.R. department, filing the Worker's Compensation claims, seeing doctors and getting written notification from the doctors to the H.R. Dept. (also she should keep copies for herself in her own files at home). If the employer persists on trying to inform her that they will fire her unless she comes back to work, I would have her contact a Worker's Compensation attorney immediately.

To get better advise on this issue have her go to www.allexperts.com and find a Worker's Compensation attorney to ask her specific questions. It is a free site, I use it all the time myself (all sorts of different experts from different walks of life). One of the experts will be able to give her more legal advise.

Good luck to you & your friend!

Answer 2

Its need to be filed with Berauu of workers compensation immediately. As long as she wasn't drunk or high (A blood test is usaully drawn as soon as possible to protect the employer from bad workers). If under infleunce she has almost no rights. Needs to be evaulated by an physivcian immediately. Call to human resources and explain problem. May need to go on disability until better and a doctor would normally watch progress and set back to work date. She could be moved legally into a different position or shift upon return. Better protection if in a union. Some employers have their own medial assesment at either a med. center or doctor's office to make sure employee is not defrauding the company. Go in say it hurts, limp on crutches, have a friend drive her, see their doctor and work with your employer. Remember cool heads prevail, If you treat this as being serious, jump thru the hoops as required, keep in touch, your more likely to get compansated, keep your job, get fixed up and have people feeling sorry for you - not pissed off making life difficult. A lawyer would require the same, you have to follow rules. My wife got hurt on the job years ago. it was immediately filed as workmans comp. She had to get surgery, do rehabilitation, then she went back to work. She waited from the injury (she could still work) about a year till surgery. They were downsizing all the while, it helped her hold on for a year till she ducked the axe and quit. Most employers are afraid of lawsuits and will follow the law. You have to get better, then go back to work. If their *****, then find better job or transfer.

Answer 3

The company normally has the right to send a workers comp case to a doctor of their choice. If your friend has gone to that doctor and the injury is confirmed she can't be fired as long as she follows the doctor's advice for rehab. If the company does not provide light duty that meets this doctor's restrictions she should not work. Workers comp varies from state to state but the overall system follows a rule set that is similar to this or in some cases like California more restrictive on the employer.

Answer 4

It really depends on how she broke her foot. If she broke her foot as a result of violating the OSHA rules and regulations she can be fired on the spot. It sounds as if her employer is cutting her slack and allowing her to come back to work in lieu of firing her as a result of her own negligence.

I once witnessed a similar problem years ago when a fellow employee took his shoes off and then dropped a heavy piece of equipment on his foot. When he told the boss what had happened he was going to get treatment for his injuries and workman's compensation UNTIL he told the boss that he wasn't wearing any shoes at the time. The boss gave him 2 choices- Either take a pink slip or work injured and pretend as if nothing ever happened.

Answer 5

No, no employer in most of the US cannot fire someone who was injuried on the same job.

If anything, they may need their doctor to fill out an F.M.L.A (Family Medical Leave Act) form and submit it to their employer.

The FMLA of 1996 (signed into law by President Clinton) enables a employee to retain their status on their job without the fear of losing their job based on an injury. The only pitfall is the employee may not get paid during that time.

However, your friend may be eligible for workman's compensation since they did get injured on the job. Check out the guidelines for both PA and WVA.

Answer 6

The doctor is the one that determines whether an employee can return to work for light duty. Not the employer. If the doctor releases her for light duty and she refuses, she can be fired. It would be stupid of a company to fire someone because they are still going to sit home and collect Workers-Comp.If the company does not have light duty for her to do, then she will stay at home until she is released. Alot of companies will find light duty for their employer even if they have to make something up for them. They have to pay them anyway so, they will try to find them work.
Understand though, this does vary somewhat from state to state.

Answer 7

Pennsylvania does not have a "Right to Work" clause like say Maryland. She can get fired for any reason or no reason at all in Pennsylvania. Same with West Virginia, which is the law she has to follow.

Her only recourse is to hire an attorney and see if they can back them off of her. Of course, they have to pay her as long as she is on disablility. Why would they fire her yet still have to pay her.

Seems like your friend is not telling you the whole story. Maybe they just want to get rid of her and this is their excuse.

Answer 8

I'd tell your friend to look into Worker's Compensation. She sounds like she has a case a lawyer would love to get a hold of! Make sure she gets everything in writing or has a witness! She could make more off of the lawsuit than she would have from working for the company! Good Luck!

Answer 9

If she is hurt at work, she is suppose to file a workers comp injury report, he employer will pay in full all of her medical bills.
If she is restricted to light duty, her employer will have to either provide light duty or let her off work ( and workers comp will pay her salary untill she can return)

No, there can be no penalty of any type and no loss of pay for being out of work due to a workers comp injury

Answer 10

the question here is light duty. The Dr needs to clarify for her and the employer what that entails.

If her excuse says light duty and the work place has clarified rules as for what is light duty then yes she can and will be fired and with just cause