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How is this legal? Kentucky

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  • How is this legal? Kentucky

    I woke up on a monday morning with severe back pain. I ended up missing monday and tuesday then on wednesday morning the pain was still going strong so i decided to go to the emergency room . After x-rays the ER doc found that i have a serious problem with my lower spinal cord. The doc put me off work untill that following friday. I was to follow up with my family doc. With the doctors note in hand releasing me to return to work , I was terminated. After-the-fact, i found out that my employer called my insurance company to terminate my benefits to ensure that i couldnt gain further medical assistance. I was to follow up with my Family doc , but was stopped due to no insurance. The equipment i used daily was in horrible shape. I believe that my spine injury is directly associated with my day day activities at my wokplace. What do i do from here? OH and yes i called them everyday, the hospital called them on the third day.

  • #2
    Doctor's notes have no force in law, except if the condition meets the requirements of, and the employer is subject to, the FMLA.

    1. Does the employer have at least 50 employees at your job site or within a 75-mile radius of your job site? If so,

    2. How long have you been employed there?

    3. Did you work at least 1,250 hours in the 12 months immediately preceding your absence?

    Let's start there.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      No i did not meet the FMLA requirements. Yes the employer has hundreds of employees. Started for this company on Feb 19, 2007. And not sure i understand what ya said about the doc's note .

      Comment


      • #4
        Assuming you work a 40 hour weeks Feb to Nov is about six months and only 800+ hours
        http://www.parentnook.com/forum/

        Comment


        • #5
          Since you haven't been employed there at least a year, FMLA doesn't apply to you; that disqualifies you right there, regardless of the number of hours you may have worked.

          So, based on the details you posted, the termination was not illegal.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            So to be clear on this: An employer can terminate you for health reasons, that are most likely due to the work you performed for them? Terminating me instead of placing me on short term disability, or WC .

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            • #7
              I am not saying your wrong but right now there is no proof this was work related.
              http://www.parentnook.com/forum/

              Comment


              • #8
                If you're not eligible for any statutory leave (FMLA), then yes, they can terminate you for being unavailable for work. If this is worker's comp though, that puts a different legal spin on things.

                Have you informed your employer that you wish to file a worker's comp claim for your back problem?

                Comment


                • #9
                  They know about my back , there has been other heavy equipment operators complaining about lower back . But to answer your question , No i have not contacted them what so ever. But after they learned about my back trouble , should i have had to oppotunity to request workers comp from them before being terminated? Also, about the doctor's release. If a doctor says you cant work for a certain amout of days, that doesnt excuse you from attending work?

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                  • #10
                    Not quite. As you have already been explained
                    http://www.parentnook.com/forum/

                    Comment


                    • #11
                      So what to do? File WC ?
                      I dont see how a company can fire an employee for getting hurt on the job. And not provide or give them the chance to seek medical care for that injury.

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                      • #12
                        Problem is is has not been established yet this was a work related injury and to try to claim WC after termination may be difficult
                        http://www.parentnook.com/forum/

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                        • #13
                          Originally posted by Mystyyk View Post
                          They know about my back , there has been other heavy equipment operators complaining about lower back . But to answer your question , No i have not contacted them what so ever. But after they learned about my back trouble , should i have had to oppotunity to request workers comp from them before being terminated? Also, about the doctor's release. If a doctor says you cant work for a certain amout of days, that doesnt excuse you from attending work?
                          It's your responsibility to notify your employer if you feel you have sustained a work related injury, unless the causation is obvious (i.e., getting hit by a forklift at work.) I suggest you inform your employer immediately; depending on your State's WC statutes, that may cause them to rethink your termination however I expect your failure to inform them timely that you think this is a work related injury is a violation of their work rules. You may want to consult with an attorney who specializes in Worker's Compensation.

                          P.S. An employer cannot fire an employee merely for getting hurt on the job however you never told them you were hurt on the job. Your employer doesn't have a crystal ball and isn't required to read your mind.

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                          • #14
                            I didnt have a chance to report my injury, i wasnt sure i even had an injury untill the ER visit. i knew something was hurting back there .I wasnt given even the chance to explain where i had been or what had happened before being escorted off the property. This happened last friday btw.

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                            • #15
                              Originally posted by Beth3 View Post
                              Your employer doesn't have a crystal ball and isn't required to read your mind.
                              And neither do we. The OP's original post didn't mention anything about it being work-related.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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