My dad fell off a skid while working in the warehouse and injured his ankle. He worked for a week thinking it was only a sprain but today he asked to go to the hospital for swelling and pain...it turns out his ankle is broken and when he got home they left a voicemail message telling him not to bother comming in until he is healed but they wont pay any compensation...he has worked there for about two months and his benefits havent kicked in yet....is what they did legal?
2007-08-13 13:11:05 · 13 answers · asked by guitar_lady81 4 in Politics & Government ➔ Law & Ethics
Your Dad should see a workers compensation or personal injury attorney right away. The company may have violated his rights and in any case he is eligible for benefits while injured. He may also have a case against the company if their safety procedures were too lax and this contributed to his accident.
2007-08-13 13:18:04 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There is nothing he can do. They can fire for any reason before the 3 month probation period is up. Its unfortunate, but thats how things work.
I would like to add that him waiting a week will be against him in a case because it sounds fishy. If an on the job injury were filed, most corporations would send someone with a sprain ankle to the doctor to be examined. The reason is because if it is something serious and the person isn't examined, then more damage can occur in the area of injury which will cost the corporation even more money. Also, the corporation would be liable.
I highly doubt a reliable lawyer would even touch your case without some good money because you would most likely lose. You have already stated you don't really have any money. In your case, you might as well cut your loses.
2007-08-13 13:30:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Is it legal? yes, if he has no time off built up and any short term or long term disability has not kicked in they can do what they have done.
You may have some recourse by telling them you are going to file a workers compensation claim. Many companies will see that as a much greater loss and may pay a few weeks of wages to avoid it.
http://www.workerscompensation.com/
Also, if the injury was cased by an unsafe condition at the plant. Something that they should have known about and taken care of, then there is the possibility of a lawsuit.
I would just start by telling the HR department that you cannot live on no money so will have to file a workers comp claim to survive. They may respond in your favor. Just don't threaten, many Sr Managers of companies are very macho and will fight you if you threaten them.
2007-08-13 13:33:49 · answer #3 · answered by Marshall 2 · 0⤊ 0⤋
It depends on how and what the circumstances were behind your father's fall. If he was out of line with the companies safety policies, they are completely within their rights to dismiss him. But from your question, it doesn't sound as though he's fired. You say the company told him "not to bother coming in until he is healed", that doesn't sound like fired to me. He should save the voice mail message just in case. He should be able to collect workers compensation though, again, so long as their were no safety violations involve with his fall.
2007-08-13 13:26:26 · answer #4 · answered by grace95838 4 · 1⤊ 0⤋
i think no sympathy for him. a guy who held a precise place in a business company like he did and then takes his frustrations out on an worker who has no say interior the situation, is a flaming fool and a coward. Serves him top! The irony could be if he could desire to basically land a activity at a rapid foodstuff eating place like, say, Chick-fil-a, for the reason that he many times would be blacklisted for the different activity for the foreseeable destiny. As a prior business company proprietor, this fool does no longer have of challenge in hell with me.
2016-10-10 04:19:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on the employee manual. But it probably is legal. If you are injured on the job due to your own error, and you have not been employed for 90 days, then you are probably in your probationary period of employment. Some states are "right to work" states, and you can be let go at any time for any reason.
You dad still has a job, he's just not able to perform his job duties at this time. Does he qualify for Workman's comp?
2007-08-13 13:19:36 · answer #6 · answered by justanotherone 5 · 1⤊ 0⤋
No, they can't fire him for an accidental injury, but not telling the company immediately was a mistake. Any time an employee delays reporting an injury it introduces the possibility that the injury actually happened off the job. For that reason it is sometimes considered a punishable offense to not report an injury.
2007-08-13 13:19:56 · answer #7 · answered by ready4sea 4 · 0⤊ 0⤋
File a case of illegal dismissal against the employer of your father and payment of compensation from the time he was injured until the reinstatement in work if allowed by the court.
2007-08-13 13:20:02 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
Depends on the state you live in.
Google your state name and "workers compensation" to see what the requirements are.
2007-08-13 13:51:29 · answer #9 · answered by Biggg 3 · 0⤊ 0⤋
If he fell because he was bypassing some sort of safety measures then the company has every reason to fire him.
2007-08-13 13:15:33 · answer #10 · answered by Anonymous · 0⤊ 0⤋