wrongful termination due to worker’s comp claim?????
i was terminated after 3yrs of employment after a worker’s comp claim was denied. i was advised by my employer to file due to lost work. i was under the care of a doctor and was not yet released to return to work. when my claim was denied i received a call from management stating that i was terminated b/c the claim was denied. my doctor had excused all absences and was willing to provide any further documentation. Management told me that a doctor’s note does not excuse absences. i was thinking about contacting a lawyer. Any advice would be greatly appreciated.
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yes, contacting a lawyer will be your best choice, because the doctor’s note does excuse absences…at least in minnesota it does…
Contact the Labor Board in your state or a workmens comp. lawyer, sounds fishy to me.
Yes if you were hurt on the job and complied with all policies, then contact an attorney for assistance. If he files a case and you lose the attorney does not get paid. You may have to pay him/her a retainer fee.
And yes your employer is right, doctor’s notes do not excuse absences.
I’d definitely contact a lawyer, especially if you have anything in writing from your employer that states you were terminated because your w/c claim was denied. If you’re injured and miss work due to that with a doctor’s release, in most states that is not grounds for firing. I’d definitely advise you to pursue this matter and in the meantime, make sure you file for unemployement!
Sorry to say you were not wrongly terminated:
When you file your claim for Workers Comp you were protected under State and Federal laws, your employer cannot take any action against you. Once your claim is denied, all the protection is gone. You may have a right to appeal the Workers Comp decision, but your employer is within the right to fire you, the reason is because the claim was denied. If you were out for another reason then they could not do it, however just because doctor says he will provide what they need does not matter since the STATE has said you do not have a valid medical reason for being out. What you should have done is went back to work and they filed for a medical leave of absence from your employer while the claim was being appealed.