Is it legal to fire someone while they are on workmanscomp.?

Question

I hurt myself at my job a few weeks ago and the company made me go on workmans comp. Ive been on light duty for 2 weeks waiting for an MRI to be done. They gave me my last paycheck today and let me go. I dont even have a doctors note releasing me yet. Is that legal and what can I do about it.

Answer 1

the company can't do that if your on workers comp. you need to get an attorney to help you with this matter.

Answer 2

Be careful. Your company should have a handbook stating that you must give advance notice if you're unable to make it to work for your scheduled shift.

They cannot fire you for being injured, but if you didn't follow a procedure in the company handbook they most certainly can fire you for that.

The bottom line is clear:

You and your company entered into an agreement predicated upon the clearly spelled out company policies in their handbook. THEY MUST hold up their end (writeups signed by supervisors and employee...etc.) and you must also follow the procedures as well. Once that's deviated from, you're free game.

It'd be pretty difficult to sue, but you can get unemployment compensation if your company ignored their own rules.

Answer 3

That is something that is VERY fact specific. The best answer I can give you is "Probably Not". You should go see an attorney about this immediately. Also, contact your Worker's Compensation case worker, and inform your physician. Your Worker's Comp benefits may be severed by the termination (which IS illegal).

Answer 4

I don't think that's legal, they have to wait 'till your doctor says it's ok to go back to work, but the same department where you apply for work comp can help you with that.

Answer 5

Unfortunately it is legal only if they have evidence that it has nothing to do with the injury. What was their reason? If they said that it had to do with the injury; I would hire a lawyer and fight it.