I was injured at work and told it was not a work comp injury. I was fired while out on short term disability?
I was found to have a herniated disk which required back surgeory. Because this was not an on the job injury, or a slip and fall accident, I was told this would not be accepted as a work comp claim. While out on STD I wast terminated by my employer. Refusing to pay my medical bills, I decided to retain a work comp lawyer. My claim has now been found compensible, but I will be required to reimburse my insurance STD with my TTD. Can I take further action for wrongful termination, since this has now been found to be a work comp injury?
ask your lawyer
Yes. Definitely talk to your lawyer about this. He/she should be able to represent you in this case too. It is against the law to fire someone for a disablility.
yes you can
good luck with that
The answer is yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
What makes you think it was a “wrongful termination”…/ HOW are
you going to prove you were released from your job DUE TO your
injury? Were/are you eligible for FMLA benefits? Did you request
those/FMLA? Because you find something unfair, does not make it
illegal. Many states provid for “at will employment”, meaning
either party can seperate from the employee/employer relationship
at any time with out reason. Yes,you will have to reimburse the STD
carrier for benefits paid, You cannot receive STD and TTD for the
same periods.