Laid off after work injury in Florida

[Robg]

FMLA can run concurrent with WC. Have you spoken to HR about FMLA?

NO, This all happened so quickly. I didn't think they could release me with being out on a injury so when this all happened on friday, it caught me off guard and i wasn't sure what i should do or where to go from there.

[Pattymd]

FMLA can run concurrent with WC. Have you spoken to HR about FMLA?

[Robg]

I already have things written down with times, dates, etc, etc. I have worked there for over a year, well over 50 employees in a 75 mile radious and for the hours, I was contracted for 40 a week on a salary basis but was scheduled for 55+ so YES, well over 1250 hours.

[Pattymd]

No one seemed to mention the possibility of FMLA job protection here. It wouldn't necessarily save your job if the termination would have happened anyway, but the timing does seem somewhat suspicious.

OP....
1. Does this company have at least 50 employees at your job location or within a 75-mile radius of your job location?
2. Have you worked there at least one year?
3. In the 12 months immediately preceding the injury, did you work at least 1,250 hours?

[ScottB]

Robg, do yourself (and whatever attorney you go with) a favor and put down all the facts in chronological order.

Detail when, where, date and time that the injury occured and who, by name, witnessed it.

Explain why you did not seek immediate treatment and any and all comments made to you by your bosses and co-workers.

Detail what happened to your knee after the date of injury, what happened to you at work following the injury. Did you ask for time off to go to a doctor? If you did, tell what happened when you asked for it. If you did not, explain why you did not ask for the time off.

Tell what happened at the ER. If you have forms from the ER, include those.

Get your W-2 from last year and your latest pay stub -- these will show your earnings that should form the basis for any lost time claim.

Tell when you last worked and what happened after that with respect to working.

And, finally, detail the circumstances of your lay-off or discharge.

All of the above will be of interest to the attorney and save you time in getting a decision about whether or not the attorney will take your case.

Good luck!

[turbowray]

THANK YOU TO ALL THAT HELPED ME, IT IS VERY MUCH APPRECIATED AND INFORMATIVE.

Your welcome Robg, please keep us informed on how it goes, we like to hear the good news to, not just the bad.

[Robg]

RobG, it has been strongly recommended that you get a WC attorney, and I have to restress this! GET AN ATTORNEY MONDAY!!! If no one else was laid off, I would have your lawyer check into that. Well, as you have been told, it looks way to fishy, and way to wrong, so please get the attorney Monday, you will need it, you can not fight this on your own! Good luck to you!

THANK YOU TO ALL THAT HELPED ME, IT IS VERY MUCH APPRECIATED AND INFORMATIVE.

[turbowray]

RobG, it has been strongly recommended that you get a WC attorney, and I have to restress this! GET AN ATTORNEY MONDAY!!! If no one else was laid off, I would have your lawyer check into that. Well, as you have been told, it looks way to fishy, and way to wrong, so please get the attorney Monday, you will need it, you can not fight this on your own! Good luck to you!

[Robg]

Another question.

Why were you laid off?

After you answer that (or before, your choice), pick up the phone book, go to the yellow pages and find a list of lawyers specializing in WC claims and/or wrongful discharges. This case just doesn't look good for the employer with the info I see here.

They said it was cutbacks. I honestly do not believe that is what it was. If that was the REAL reasoning, I don't think they would have paid for me to take first aide classes just last week and then monday tell me not to come back to work until I was off my crutches and lay me off on friday. COINSIDENCE ? Instead of reporting it, my supervisor forced me to take my vacations day for the time off for the injury.

[ScottB]

Another question.

Why were you laid off?

After you answer that (or before, your choice), pick up the phone book, go to the yellow pages and find a list of lawyers specializing in WC claims and/or wrongful discharges. This case just doesn't look good for the employer with the info I see here.

[ScottB]

Well, the company's failure to let you get treatment earlier could end up costing them more in the long run, through increased medical costs that will impact their WC mod and the premiums they pay in the future.

[Robg]

I must agree that it looks like the employer

1. Knew about the injury
2. Knew it was work related

It is not uncommon for someone to bang their knee at work and think nothing of it, only to have it swell later to the point of requiring medical treatment (there was just such a case in Maine not long ago -- the employer fired the employee for failing to report the injury immediately. The employee reported the problem the next day. The WC Board restored the employee).

The WC carrier will not be too happy about this slow reporting (assuming they even know yet).

Robg, you should have told the ER folks how the injury happened and not have them bill your health insurance for the claim. The health insurer will be yet another unhappy party to this whole mess, which is the kindest word I can give it right now. cbg would ban me for life if I called it like it is.

I am just curious, though...why did you go to the ER instead of to some less costly option?

I was not allowed to take time off to go to the doctor, (the company has "numbers" that need to be met and they were behind on those and me taking time off wasn't getting those numbers met) by the weekend the swelling and pain were so severe, i felt i had to other option.

[Robg]

Yes the hospital and the doctors they referred me too,were informed it was done at work but did not give me a claim form to fill out. I informed my employer on monday that i went to the ER believeing the same as you, that he HAD to file it with work comp. There is NO work. comp claim at all at this point. Can I still claim it as one if i am no longer employed by them ? They released me on Friday.

[ScottB]

I must agree that it looks like the employer

1. Knew about the injury
2. Knew it was work related

It is not uncommon for someone to bang their knee at work and think nothing of it, only to have it swell later to the point of requiring medical treatment (there was just such a case in Maine not long ago -- the employer fired the employee for failing to report the injury immediately. The employee reported the problem the next day. The WC Board restored the employee).

The WC carrier will not be too happy about this slow reporting (assuming they even know yet).

Robg, you should have told the ER folks how the injury happened and not have them bill your health insurance for the claim. The health insurer will be yet another unhappy party to this whole mess, which is the kindest word I can give it right now. cbg would ban me for life if I called it like it is.

I am just curious, though...why did you go to the ER instead of to some less costly option?

[turbowray]

I may be wrong, but I was under the impression that if a boss is told of an on the job injury, he must make you fill out an on the job injury form. When you went to the E.R, did you tell them that it was an on the job injury, and that you had not filed a claim yet? Did the doctor give you a claim form to fill out? Is there an active workers comp claim going on over this? If not GET ONE STARTED NOW! I would imagine that you could also report your boss for not doing one the moment you notified him of the on the job injury, but please let ScottB and Robb71 fill you in on this.