What can I do about being fired for a work injury?
I’ll add all the info I can, to help someone help me with this problem.
I was injured at work on 8/7/2007, safety protocols were all applied correctly. Frankly I was injured due to lack of people, its a 3 man building and one guy was fired, no help was added on this day. Working harder cause this.
I worked in a warehouse and when pulling a back from a shelf, it got caught upon the metal rack. This caused me to actually pull myself to the box and I then felt a pop in my back. The issue was diagnosed as a herniated disk.
I tried to return to work 3 seperate times for “light duty” but couldnt handle it and just recently I was fired for being out of work for so long.
Im still getting my comp checks, which im thankful for, but I wonder if there is any legal action I can persue against the company. I do have a workmans comp lawyer, but he has said nothing about legal actions against this company.
If it helps I worked for Iron Mountain and live in Massachusetts.
Thanks anyone who helps
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Depending on the state in which you live, your employer can terminate you while you are on workers compensation leave. In some states, they can terminate you as long as they are not treating you any differently than other employees.
Your attorney should know the local laws.
hire a lawyer ASAP
If you have a lawyer, he knows the situation better than any of the Yahoo crowd can.
In most places with Worker’s Compensation legislation, that legislation also supersedes the employee’s right to sue. In other words, no, you probably can’t sue.
Not knowing what the labor laws are in your state I’m going to err on the sidee of caution and advise you to talk to your lawyer, more than likely they are well within the law as to fill your position , failed to mention if the light duty was ordered by a doctor and appproved by your supervisors. Also you failed to mention if you had been released by the doctor to return to work, either way, you need to talk with your lawyer thats what your paying him for.
A WC claim does not provide job security. The employer is permitted
to continue with the operation of the business. If that means
replacing you in your position, thats what will happen. When you
are released to light duty, and the employer cannot make the
accommodation, you would be automatically returned to TTD status.
Only if there is a cap on TTD/wage loss benefits, would the TTD
stop. TTD will stop however once your treating physician declares
you MMI. YOu cannot sue your employer outside the WC arena…no
civil/tort claims as filing a claim for WC benefits is the
exclusive remendy. But for VERY FEW exceptions.