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What else am I entitled to

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  • What else am I entitled to

    Hi, from Virginia
    Early november 2005 I had an injury @ work that required surgery. I have thus far lost 9 weeks of work. I was not fired from the job I had the injury at but reduced to an "on call" status. In other words They didn't fire me but said if they need me to work they will call me. It was there polite way of letting me go. My employer claims I didn't show an interest in working but in reality I was and am in severe pain.
    I tried working another job but the work is too physical and the pain intence.
    I still am employed by another company. Even after my surgery It will be months until I could do this job.
    The bottom line is I want to know what I'm entitled to. I was essentially fired because of my injury. my new job pays a lot less money. Also, how can I get any money for my pain. This injury has about a three month healing prosess. I have been in severe pain since the injury. I feel that this is worth more than my lost wages.
    Any help would be great

  • #2
    And what is it that you think you are entitled to?

    If you are asking whether or not you can sue the employer, the answer is no, you cannot.
    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.


    • #3
      If you are unable to work due to your injury, your WC insurer should be paying you Temporary Total Disability benefits. If you aren't receiving them, contact them. If you have been released back to work, you would not be eligible however.

      Your employer may not hold it against you that you had a work injury but they may reduce your hours in spite of that fact.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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