Can I be fired for being on light duty and then getting hurt again?
I had surgery done (not work injury). Went back to work after 5 weeks and was put on light duty. My boss didn’t follow the drs note. I ended up getting hurt at work and now have to have another surgery. The doc gave me another note for no lifting indefinately. What are my chances of being fired? When will workmans comp kick in? Were going after my job to make them pay for the surgery.
It takes a while for Workman’s comp to kick in…mine was like 8 weeks
your chances of getting fired or them being so mean and rude that you want to quit is pretty high…
What STATE are you in ? WC laws are state specific. That being
said, there is generally a 3 to 5, maybe 7 day waiting period
before any wage replacement benefits would be due. Only if you are
hospitalized due to the injury would TTD be paid from day one.
Once/after you are off 14 days, those waiting period days would be
paid. Know however that Dr restrictions are on you, not your
employer, nor is your employer required to monitor your activities
in the work place. The restrictions are not on your job, but your
general daily activities. While the employer may not have provided
a light duty capacity job position, there are not required to under
any law. You are responsible for monitoring your self in what you
do. WC is no fault, so injury to a prior non industrial injury can
and often is a compensable claim. Whether you can be terminated or
not isn’t based on what you describe. It would be illegal to
terminate you due to the work injury, or for filing a claim for WC
benefits…harrassment/discrimination for filing a WC claim is
illegal in all states. If you are eligible for leave under FMLA,
you would be protected in your job and employer paid benfits for up
to 12 weeks/annum. Beyond that however, there are NO job
protections and your employer may terminate you for casuse, or no
cause at any time. No one on a message board can offer you what
%/chances are of being fired… but it’s in your best interests
obviously to maintain a good or great relationship with your
employer… or youll be filing a UI claim.