I was injured on the job and then fired, what can I do?
I got hurt on the job (umbilical hernia), my doctor placed me on light duty but, my employer did not respect the order. So, I continued working. Then one day after my shift I called in and said that because my injury was bothering me that I was not going to come in for my scheduled shift, and if I needed to bring in a doctors note showing that I was hurting I would do so.Well, my employer told me not come in at all and I was fired. I’m very upset about this, I worked there for seven years never missing a day of work or even coming in late. I never had any disciplinary warnings of any kind. Can I take them to court? Or is there anything I can do? Please, any advise would help. Oh, I’m in Alaska and I don’t know what the laws are for this, thanks
Icr000, I don’t think you know what your talking about. I know for a fact that if you are injured on the job, the employer is 100% responsable to ensure that your injuries are cared for and that until such time that you are able to return to work. Sometimes some people just offer answers because they think they know it all,……..jeez
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Yeah you can take them to court they can’t just fire your over that a injury which they may have to pay for.There is strict laws on what grounds people can be fired.
Yes, you can take this to court. Just make sure you have all proper documentation from doctors regarding your injury. Have documentation on everything regarding this case. You should be able to win. Usually it doesn’t go into court and the company will settle with you. You can decide on the terms with a lawyer.
Do some research on the internet and get an attorney to help you out.
Because you notified them of your injury and gave them proof of it with your doctor placing you on light duty and were reinjured on the job a second time you should have a good case for wrongful termination.
I sounds like your boss is not well educated because he opened himself up for a lawsuit. I would consult with a local employment law attorney as soon as possible and when you apply for unemployment you need to be specific about how the termination happened so it is documented there also.
Next: Think about what you want to accomplish with the lawsuit. Do you want your job back or what?
Did you make a worker’s comp report?
if you filed a workers comp claim your medical is covered, however you can be fired if you were hurt on the job, there laws about this years ago but they were repealed as employees abused the situation, also no employer is required by any law to follow a Dr,s advice, you have the same option a Dr.s advice is not law it is advice, keep in mind not going to work is why you were fired not because you were hurt
Any restrictions placed on you by your Dr are on YOU, not your
employer, not your job duties. If the employer cannot make a
reasonable accommodation or light duty position that fits within
your restrictions, you go back to your Dr, and get the restrictions
lifted, or return to TTD status. No, your employer cannot terminate
you for a work injury, or filing the claim. WC laws are state
specific. YOu need to talk to a WC atty about your issues..there is
no fee for consultation…do not wait on this…there are strict
timeframe for disputing issues in WC. Message boards- are not a
good substitute for valid leagal advice.