fell and broke radial head in elbow and had to have surgery and also broke kneecap in 3 places have been out of work for over 12 weeks
2006-09-24 08:50:32 · 10 answers · asked by sissy 1 in Politics & Government ➔ Law & Ethics
they said workmans comp would run concurrently with fmla and after 12 weeks i would be terminated
2006-09-24 09:20:15 · update #1
In most jurisdictions they cannot fire you while on comp, but there could always be an exception depending on the circumstances of your accident. I was laid off a job while laid up after a car accident, but it was legal because my replacement income was from insurance, not comp. One of my co-workers was laid off while on comp, and it was ruled that was illegal.
2006-09-24 08:57:24 · answer #1 · answered by Fred C 7 · 0⤊ 0⤋
Injury or not, the company can and should fire you if you broke company rules. You'll continue to collect workman's comp until you're released by the doctor and the local compensation board.
Plenty of people play workman's comp BIG TIME, claiming non-existent back injuries, carpal tunnel, on-the-job injuries that really happened in a bar-fight or falling off a motorbike. These offenses should be vigorously prosecuted but usually aren't, so tthe beat goes on.
2006-09-24 08:59:38 · answer #2 · answered by senior citizen 5 · 0⤊ 0⤋
If they can prove hardship or that your job was vital and can't remained unfilled or that you won't be able to return to full work capacity for an excessive period of time they do have some rights.
You may also. Consult with an attorney and see if they will do it contingent.
A lot of it is going to be on if they will consider rehiring you as anything, even a ground level employee.
If the termination is final and there is no coming back, unless they can prove your were neglegent in the injury, they may have problems.
2006-09-24 09:01:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No, first workers comp has nothing to do with FLMA, you are not on FLMA when you are on workers comp, that is a totally different thing.
And workers comp can last for years if you are injured bad enough, no time limit on it.
And no they can't fire you, unless they have a non related reason to ( discovered you stole from company or so on)
You should be dealing with thier workers comp insurance cmpany at this point and be recieving money equal to your normal pay while you are at,
2006-09-24 12:04:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Not sure about the U.S. laws but in Canada, the worker is protected until able to return to former job or a modified position within the company. Call your local comp office to be sure.Good luck.
2006-09-24 08:53:55 · answer #5 · answered by Bob D 6 · 0⤊ 0⤋
Depends what country or state you are in. In many US states ("right to work" states) a company can fire you for any reason, or for no reason at all. You also have the right not to come to work for any reason, or for no reason at all. Imagine it the other way around: If you had an employee who didn't do any work for 12 weeks, would you want to go on paying them?
2006-09-24 09:00:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You were hurt while on the job and hence the workman's comp. It is illegal to fire you. They can get someone to fill in for you while you are out but they CANNOT fire u. I suggest you get a lawyer cause you can definetly take this to court.
2006-09-24 08:58:29 · answer #7 · answered by saucylatina 5 · 0⤊ 0⤋
Not unless your in a right to work state!
But you still may have a case. Get help fast don't wait. Move fast.
2006-09-24 08:54:12 · answer #8 · answered by Bear 3 · 0⤊ 0⤋
I would definitely obtain an attorney! each state has own laws.
2006-09-24 08:52:39 · answer #9 · answered by carrie 3 · 0⤊ 0⤋
I don't think so. You should probably get an attorney.
2006-09-24 10:57:59 · answer #10 · answered by pixles 5 · 0⤊ 0⤋