Can I get fired after a work related injury?
Making a loooong story short here with as many details as poss.
I was tripped by my boss. Her boss was called by me 5 times. He talked to her she then talked to me. Basicly said that i was going to be fired eventualy as she said she will do what she needs to do.
her boss tells me today that, i wasnt hurt there and nothing happend and I have to prove it did happen there. I said theres a cam look at the vid. STUPID me. I didnt think about him maybe erasing it. Anyway…
He told me to take an asprin and get over it. That everyone says all i ever do is complain of pain. I told him that its due to my hip or my headaches, which myboss knew I was having issues with mirgaines.
So…i called today and found out i was fired. I figured I would be.
Is there anything I cando:
i filed apolice report. He said that they cant fire me if im injured even if they say it didnt happen there. They also cant refuse WC even if they think it didnt happen there. He wasnt happy about this crap going on. He told me to file EEOC, did it, OSHA, did it, ACLA? and Labor Board in the Feb building.
I did see a doc the next day said i had a sprained neck…have papers. went for follow up today said same thing.
I have done all I know to do.
I also found out 3-5 months ago I hae ADHD, and have been harassed about that. I told her boss nothing was done.
I do have somehing saying i was injured. I f I need to get all my paper records I will. THERE is NO way I didnt do this are work.
I live in IN lol
Forgot…they refuse to give me any papers. They like I said, say it never happend or I didnt get hurt, there is no way I got hurt. ITs or was all on CAM!!!
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Have you seen a doctor for your injuries? Without a doctor showing you received treatment for the injuries, what would you be suing for? There is no WC claim to be filed.
They could come up with any number of reasons for letting you go, without it being the truth.
Best of luck.
Unbeleivable! Aside from reporting the injury to your employer, the first thing you should have done was go to the doctor and tell them you had a work related injury. Their office would have contacted your employer to get their work comp insurance info and the work comp company would have made sure that the employer filed a first report of injuries to start working on your claim.
As an HR manager, I have seen fraudulent claims come through from employees, often the ones who are already poor performers. But even if that is what your employer thinks you have done, they should have filed the report and let their ins company adjudicate. That is what I would have done. If they were confident in their position, they would not worry that the ins company would figure it out.
To address the question of whether you can be fired… Yes and no. FMLA laws appy in work related injury situations as well. If you do not qualify for FMLA leave, an employer does not have to hold your job if you are disabled and no reasonable accomodation can be made so that you can continue in your position. Look up FMLA to learn more. Oh, and if you happen to live in CA, your employer is probably in even more hot water. Look up CA EDD.
where do u work my friend? don’t u have anything called work incident report? all accidents and drills are recorded in that. and what about the doctor. if u sustained any injuries wheres the doctors report or certificate? if u can support these facts with an evidence then u might have a tough time fighting ur employer.
of course not. even if you did not get hurt there you cannot be fired without just cause or other legal causes. File a cause in the labor and let them handle it