Hello. My friend was recently injured while working (in GA). She will be having surgery next week. Yesterday, the director of HR advised her she was being terminated due to exhausting all of her FMLA time & she has no more sick/vacation time. She is getting fair treatment from Workers Compensation & they have approved everything the physician has asked for. We understand the law states you can be terminated after you exhaust your FMLA, and this injury/surgery will not allow her to ever work in her profession again. She will be forced to a clerical job or a job with numerous restrictions. Is there no compensation for her? Is she eligible for unemployment benefits? She just recently bought a new house & is a single parent. What options are out there for her? Can you not file a suit against the employer for at least student loans since she will not longer be able to work doing what she went to school to do? I feel like there should be some compensation somehow & the $425 a week from workers comp just doesn't pay the bills. Any advice would be greatly appreciated.

We understand the law states you can be terminated after you exhaust your FMLA, and this injury/surgery will not allow her to ever work in her profession again. She will be forced to a clerical job or a job with numerous restrictions. Is there no compensation for her? An approved workers compensation claim will consist of two things - one is payment of medical costs. The second is the payment for lost wages (to an extent). After her condition gets to the point where it will no longer progress, the insurer will work with her former employer to provide a settlement.

Is she eligible for unemployment benefits? No, she is not eligible for unemployment at this point for a couple of reasons. First, she must be able to work and second, the law doesn't permit unemployment benefits to someone who is receiving workers compensation benefits.

She just recently bought a new house & is a single parent. What options are out there for her? I don't know of any provided by her employer, either directly or through a state program. She may need to look for public assistance programs.

Can you not file a suit against the employer for at least student loans since she will not longer be able to work doing what she went to school to do? No, workers compensation prevents an employer from being sued.

I feel like there should be some compensation somehow & the $425 a week from workers comp just doesn't pay the bills. Any advice would be greatly appreciated. I wish I could give you some. At this point, the only thing I could possibly see is a remote possibility of public assistance. This type of situation is why I always arranged for the employees of my former employers to have access to both short-term disability and long-term disability insurance. Since STD is usually paid 100% by the employee, it can add to the monthly expenses. However, it is an insurance that takes care of people in these devastating circumstances. Tell your friend I wish her the best fortune for the future and a speedy recovery.