can I be fired after a injury i received while I was working?
I wait tables and my knee gave out and I fell and pulled tendons ect.. now I just was fired for not being able to do my full duties as fast, I didnt file a work comp claim because I’ve only been there 3 weeks. I have not had a previous injury to my to my knee, Can they do that?
The injury sustained from work is not a valid cause for dismissal but must be treated by the company in order that the employee canr return to work.
It depends on the State. In most States (all Red States) you can be fired for any reason or no reason at all. They are ironically called “Right to Work” States
Well, to be honest, your injury doesn’t sound “work related”. It’s unfortunate, but it’s probably not illegal for you to be fired, especially since you’ve only been working for 3 weeks. It’ll mostly depend on what state you live in, though.
The length of time you are employed does NOT affect your filing a
claim for WC benefits. The employer is liable for any injury you
suffer in the course of performing your job duties from the minute
you sign in for work. File the claim for WC… To be eligible for
UI benefits you must lose your job though no fault of your
own…File for UI as well… both will be decided based on the
facts of your situation.