Can a company legally fire someone(1 week) after a work related injury was sustained? ?
I know there is workers compensation, but is that all that can be received in a case like this?
The Case:
burned w/a toxic/corrosive chemical and my former employer recomended that I just go home(by the way I’m pregnant) and once I tried and was unsuccessful driving b/c of the smell of the chemical I had to tell them to take me to the hospital. A week later they tell me I’m fired b/c I hadnt been showing initiative.(only been there a month, mind you)
I think you can sue those people. I’m sure there’s a lawyer in your area who would be glad to take your case.
Sure they can. Just find another job and quit hoping for the pot of gold at the end of the lawsuit rainbow.
Yes you can be fired after a work related injury. If they said it was due to lack of initiative they could be referring to your work performance prior to the injury. I’m assuming you were not at work up to a week after the injury? If you want to pursue this contact an attorney. Otherwise just get another job
Most companies have a set period of time that is considered probationary employment. During that time you can be terminated for any reason at all-they do not need to give you a reason. Usually this is a 30 day trial employment. After that you are considered a permanent employee. You actually have to report to work on the 31st day to be considered permanent.
It would appear all you are entitled to is the doctor and hospital costs under workman’s compensation laws of your state.
File a first report of injury with the employer or their WC
carrier. The claim will be investigated and determined compensable
or not. Filing the claim for WC benefits is the exclusive remedy
for industrial injury/illness. in all be very rare circumstances.
FILE THE CLAIM.