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can my employer fire me right after an injury if i did it on the job

2007-11-12 06:50:11 · 6 answers · asked by spacemunkeypunkskater 2 in Politics & Government Law & Ethics

can my employer fire me after i was injured if i did it on the job i dont know what the law is here in new york

2007-11-12 06:59:50 · update #1

if fell on a slippery ground they gave me workmens comp then when i got better they told me that my possition that i was working was no longer avialible and then they fired me

2007-11-12 07:12:25 · update #2

6 answers

A lot depends on whether you a) observed, or b) violated their safety procedures.

2007-11-12 07:08:23 · answer #1 · answered by DeeDee Cortez 2 · 0 0

If you were injured on the job then you are entitled to have workers comp pay your medical bills, and provide you with payments untill you're fit to return to work.

Your boss can fire you after your injury, yes. If the firing is not "for cause" (ie not because you did anything wrong) then once you're fit for work and your workers comp payments end, then you'll be entitled to unemployment until you find a new job.

By the way.... if you weren't responsible for your injury, then firing you was stupid, because it takes away all incentive to get signed off as fit to return to work, and tempts an employee to 'stretch it out' - but employers do stupid stuff all the time.

Richard

2007-11-12 14:55:53 · answer #2 · answered by rickinnocal 7 · 1 0

Really that would depend if you were doing something in violation safety procedures or not. Also, most companies will perform a drug test if you acquire a workplace injury.
If this was simply an unfortunate accident, and you were performing your duties safely, but were then terminated as direct result... then you may indeed have a justifiable complaint. Talk to the Department of Labor and possibly the EEOC.

2007-11-12 14:58:34 · answer #3 · answered by Shinji 5 · 0 0

If you are in the United States and feel that you have been fired unlawfully, for an injury or otherwise, go to your yellow pages and look up a local "employment" lawyer. (Lawyers WILL list their specialties in their ads most of the time.) Arrange a consultation, which should be free, and the lawyer will tell you if you have a case or not.

2007-11-12 14:58:42 · answer #4 · answered by Rebeckah 6 · 0 0

not suppose to! but like someone stated..depends on which state you live in..i would talk to a lawyer.illinois they can fire you without any reason

2007-11-12 15:04:15 · answer #5 · answered by Aaron S 3 · 0 0

they shouldn't be able to unless you were doing something without permission when you got injured

2007-11-12 14:59:42 · answer #6 · answered by jessie_7792 2 · 0 0

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