2006-08-31 23:12:03 · 8 answers · asked by Gail S 1 in Health ➔ General Health Care ➔ Other - General Health Care
Interesting question
It is NOT clear whether your work injury was deemed compensable - - meaning that you filed a workers comp claim AND the claim was accepted.
WHETHER you may be entitled to collect workers compensation benefits depends on the REASON WHY you lost your job. Here are a couple of scenarios and whether you could be entitled to collect workers comp
NOT ENTITLED IF
1 - Lost your job because of a wilful violation of company policy
2 - Lost your job because your employer offered you a job within your physical restrictions AND you refused to return to work.
3 - Were released to Return To Work with NO restrictions and THEN lost your job
4 - Failed to file a claim
5 - Continued to work with no restrictions THEN lost your job
6 - The reason for the work injury was because you started a fight, AND the disability arose because of the injury related to the fight
MAY BE ENTITLED TO COLLECT IF
1 - You filed a claim to protect your rights AND any of the following
2 - You were placed on physical restrictions and THEN you lost your job because your employer was not able to accommodate your restrictions.
3 - Were deemed TTD (Temporarily Totally Disabled) by your authorized treating physician THEN your employer terminated your job for reasons that were not your fault
Info from http://www.WorkersCompInsideSecrets.wordpress.com
For additional workers comp resources you may want to visit http://www.GettingWorkersComp.com
2006-09-04 03:08:27 · answer #1 · answered by *??SnowShoer1??* 3 · 0⤊ 0⤋
Here is what you should do:
Write a well written formal letter to your employer (be sure to spend some time on this and get everything correct, proofread it.. search on Yahoo or Google how to write a formal business letter). In the letter state that you are upset that you were dismissed so soon after your on the job injury. Mention that you feel that you are entitled to some sort of extra compensation (and maybe an explanation as well) for your dismissal in light of the fact that you were hurt while working for their business...
SEND THIS LETTER to at least one of your former bosses who knew you personally and also send one to the highest up manager of the company or someone high up, you always want to do this as the lower manager may not think this is a big deal but the head boss who is responsible for the company may have a completely different view and realize that they could potentially lose a lot of money if the case were to go to court. (I don't know if this is a big business or small business so its hard to be specific)
IMPORTANT: At the end of the letter, write something like "I am currently consulting on this matter with an attorney who has worked for a relative of mine before (or a friend of mine)" or something like this, don't make it sound too threatening, what you want is just for them to understand that you are serious about this and that you are willing to seek legal counsel to represent your own interest.
If your employer (or their own attorney) believes that you may have a legitimate case against them they may agree to compensate you right away, you might be surprised how quickly their tone changes after a short letter. If you don't get the response you want from them soon after sending the letter (wait at least 1 week) then it is probably time to consult with an attorney for real and have them tell you what they think of the case, you never know what an attorney will say, they may agree to take a case for a percentage of the winning if they think it is a sure bet.. such as if the employer was negligent and this led to your injury.
2006-08-31 23:54:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you were back to work and well, and you were fired for a completely different reason than no, you are not.
If you were still home unwell recovering, you should be entitled to Workman's compensation. There should have been an incident report filed at the time of the accident, you will need this.. if you don't have all the information, ask the people at Workman's compensation to explain assist you.. they will tell you whether you are eligible or not.
2006-08-31 23:21:53 · answer #3 · answered by oneblondepilgrim 6 · 0⤊ 0⤋
Unless you have something in writing prior to the accident, there isn't anything you can do, as far as I know. You might want to talk to your local workman's comp office, and alsoto your former employer. You can always collect unemployement in the meantime.
2006-08-31 23:19:47 · answer #4 · answered by munesliver 6 · 0⤊ 0⤋
if you got hurt while in office premises than definately its a case for compensation
2006-08-31 23:22:30 · answer #5 · answered by mailtoak82 2 · 0⤊ 0⤋
Did you get treatment when you were hurt? (Workman's Comp). Either way, probably not.
2006-08-31 23:14:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
sounds like a good question for an attorney.......good luck
2006-08-31 23:19:26 · answer #7 · answered by blank 5 · 0⤊ 0⤋
lawyer
2006-09-01 00:08:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋