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Getting Rehired after Workers Comp..Help! Connecticut

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  • Getting Rehired after Workers Comp..Help! Connecticut

    I am a social worker in a CT hospital at the same job for 23 yrs. Newest manager of about 3 yrs just doesn't seem to like me. In 6/02 I got my foot tangled in a power cord connected to a power strip on the floor under my desk. The strip was not secured to the floor; I lost my balance and fell crashing into a desk. Result was fractured humerus with 2 big surgeries in 6/06 and 12/06. Also fractured hip (no surgery needed, but painful), and lacerated my eye. Have been recuperating, and have been cleared for work with very minor restrictions. Per M.D. I will not reach MMI until December. Initially, my position was filled as soon as the law allowed. Now my previous position is posted on the hospital web site. I was informed that my replacement is leaving. I was not called by Human Resources about this job, but did apply and attempted to discuss my return with HR. I immediately got the "cold shoulder" treatment such as unreturned phone calls, vague information. Finally got to interview with the department manager who stated she had to pick the person most qualified and would not do that until after several more interviews!!! It is impossible for someone else to be more qualified, and the job description is identical to the one I had. I meet every requirement for this job. Is it legal for my employer to give this job to someone else? What are my options, and would I have recourse if I am not rehired? I already have an attorney, but he is only intervening with the Workers Comp insurance representative, and not with HR.
    The bottom line seems obvious which is "get lost". What's the best way for me to proceed?

  • #2
    In MA they would be required to give you first consideration for any job for which you are qualified but I'm not sure if CT has that same requirement. You might want to give the state workers comp office a call if no one here is able to confirm one way or the other.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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