what can i do if my employers is going to discharge my employment on medical grounds?

Question

my emplyers have said to me they will discharge me after i had an accident at work on medical grounds. What can i do?

Answer 1

Depends on whether or not the result of the accident creates a danger to you, the staff, or the customers, or renders you incapable of doing your job. (An air traffic controller that was blinded by lye being thrown in his face in the lunchroom, for example, may be legally terminated, as he would not be able to perform his job of watching radar blips) You would eligible for both workman's compensation, and unemployment, perhaps more if your accident was a result of negligence on the part of management.
If your injuries are temporary, or do not impede your ability to perform, then the legally may not terminate you on medical grounds.

Answer 2

If you are not able to do the job you were hired to do without reasonable accommodation, then depending on the circumstances you may be eligible for job retraining because it was an accident that happened at work. If the accident was due to negligence on your part you may not be able to. The best advice I can give you is to talk to your workers comp. carrier about the termination and see if they will get you signed up for some free job retraining in another field that you can work in. You can always go and talk to the E.E.O.C. and see if they can file a claim for wrongful termination if that is the case. Filing is free.

Unfortunately, if the accident was one that you caused, or you were at fault for negligence, or you are being fired for reasons that started before the accident, then you will not have much legal recourse on your employer.

Answer 3

are you fit to work for the job you were hired to do?

if you are then it shouldnt happen... so speak to your line manager
if you aren't then its up tot he the employer if they want to find another position for you.. there is no compulsion on their behalf to do so.. unless they have a term in your contract of employment or a union agreement.. talk to you union rep.
even if there is an agreement the employer isnt bound o offer aplternative employment (ther may not be an appropriate post available), in that even Id expect a reasonably generous settlement.
Depending on your age or other circumstances they may have take a decision that you are unemployabel withint that company.. sounds harsh.. but needn't be. It could just simply mean that they dont think they can find a job that is suitable for you given the accident.

sounds to me like you need to talk to CAB, followed by possibly a lawyer
get letters from your medic indicatin if there is any permanent medical disability, start documenting what you said, whjat they said and so on

Answer 4

If you are in a Trades Union consult them immediately. If not seek advice from your local Citizens' Advice Bureau or (free) Law Centre. There is legislation to prevent abuse of employment rights. However, if you have a long and unsatisfactory record of absences through ill health you may be on rather shaky ground.

A lot will also depend on whether you have a contract of employment or whether you are employed on a casual basis - ie paid on an hourly rate for the hours you actually work.

Good luck.

Answer 5

this is not in a instruction manual in line with se. What this looks like is a case the place the scientific undertaking your husband has got here approximately whilst he became engaged in unauthorized absence, occurred because of the fact of his very own gross misconduct (qualified by ability of a checklist of examine) or became made worse by ability of his very own willful forget to seek for or settle for scientific care. In those situations, the Secretary of the army has no determination yet to have the army concern an administrative discharge because of the fact the member isn't worth for further accountability, with out award of any compensable incapacity.

Answer 6

If your accident was a your place of work, you should be able to apply for workman's comp. Are they discharging you because it is physically impossible for you to do the work? Is there not another position that you can fill?

If you feel you are being treated unfairly, you should contact your local labor board and file a complaint.

Answer 7

This would be difficult to answer accurately without knowing the full details,
are you in the uk?
if you are drop me a mail [e-mail] and will advise

Answer 8

Say thank you, good-bye and take the money. Then get another job.

Answer 9

as above