I was terminated because I was going thru some emotional problems, my husband had a tumor in his mouth, which had to be taken care of. I was making mistakes on guest orders and after being there 23 months 2 weeks and 3 days, they terminated m e. So in response to my questions: Can I sue? I was injured on the job last year.
2007-11-19 08:34:58 · 5 answers · asked by Charlene H 1 in Politics & Government ➔ Law & Ethics
You ar going to have a hard time proving you are suing for the injury, and not for spite after termination. Especially if a year has passed.
To be successful, you will need to have reported the injury to yoru supervisor immediately after it happened, and show a course of treatment throughout that time frame, in which the injury has not yet healed.
As far as the termination, if your job performance was effected, they are probably justified, unless the denied you leave under the Family Act.
Check your phone book for an attorney that specializes in Workman's Compensation. The first visit will probably be free, it may be worth a shot.
2007-11-19 08:45:22 · answer #1 · answered by trooper3316 7 · 0⤊ 0⤋
If you were injured on the job last year-
If there was an injury that required medical attention that would have been covered by worker's compensation insurance, unless you have a disagreement about whether or not your injury disabled you- you're getting injured on the job doesn't have any bearing on a lawsuit.
It's closed and overwith- chances of winning some kind of settlement for an injury without having any kind of disability from that injury is nil.
Most states are hire/fire at will so unless you can prove discrimination you are going to have a hard time proving wrongful termination
The site below tells you about hire at will policies and how they may relate to your situation.
2007-11-19 08:46:28 · answer #2 · answered by tnfarmgirl 6 · 0⤊ 0⤋
You can, but you may not win.
A report will have had to be made of said injury, as well as a doctors evaluation and release to go back to work at the time of injury.
Most courts will view your lawsuit just as a way to pay them back for terminating your employment, which is what it seems to be at this point. Their argument will be that if your injuries where enough to sue over, you would have done so prior to getting terminated. Your real reasons for suing are not the injuries received last year, but as defiance for being let go.
I am not insinuating that this is the case, only this is how they will see it. I hope your husband is doing better.
2007-11-19 08:44:40 · answer #3 · answered by theCATALYST 5 · 0⤊ 0⤋
You want to sue for your injuries or for being terminated? If it was your injuries, did you notify your employer when you got hurt (last year)? Your employer would have had to fill out a first report of injury. If so, did you have any work comp medical bills? If so, then you may be able to. If none of the above occurred, then you may not have a strong case.
2007-11-19 08:41:43 · answer #4 · answered by Workcompguru31 4 · 1⤊ 0⤋
Your injury and the reason for termination are not related so you have no case to sue. You would have been better served to file for FMLA to help your husband and your mental state.
2007-11-19 09:07:34 · answer #5 · answered by sensible_man 7 · 0⤊ 0⤋