:confused:

I have been employed with a California Company for the past 6.5 years. I was injured on the job and collecting Workers Compenstion benefits and am scheduled for surgery at the end of the month. I received a phone call from my manager today and a she said that I was being laid off due to a cut back in staff (yeah right). Can they do that to me while I am out due to an on the job injury?

:confused:

I have been employed with a California Company for the past 6.5 years. I was injured on the job and collecting Workers Compenstion benefits and am scheduled for surgery at the end of the month. I received a phone call from my manager today and a she said that I was being laid off due to a cut back in staff (yeah right). Can they do that to me while I am out due to an on the job injury?

It is not illegal for an employer to lay off an employee that is on worker's compensation as long as it is not in retaliation for filing a worker's comp claim. However, the employer may have a hard time proving its case, particularly if there were no other people laid off except you. You may want to consider consulting with an employement law attorney to advise you further.

I am in the same position in Georgia. I fell and about a month later, I had Cervical Spine Surgery. They failed to report it to WC and then "Layed me off due to doing away with my position." They committed several offenses with the WC laws and now face penalties and possible criminal offenses. I am searching for further possible actions but I now have a Titanium Plate and two fused disks in my neck.