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  • what can i do

    Ive worked at a job for about 2yrs and i got hurt on the job. I verbally reported it too my supervisor but nothing was done about it and i had too seek my own doctor. The doctor then put me on medical leave and when i was on leave they terminaded me before i was realeased back to work.

  • #2
    There is so much wrong here.

    The injury, if work related, should have been reported to the workers' comp insurance carrier. I assume this did not happen. Not good (for the employer).

    Firing you, if it was because of your work related injury, would be illegal. The company will have a difficult time proving that there was any other reason for terminating you unless they have good documentation on other problems that would have resulted in you being fired.

    You should contact the insurance carrier directly and let them know that you have a claim that one of their customers failed to report. The carrier will not be happy with the news, but will go to work on the claim right away.

    Do not go back to work for these folks unless it is clear that only the supervisor was lax on the requirements. If the company is in any way tied to denying you care that you were due, don't work for them.
    Last edited by ScottB; 09-29-2007, 10:30 AM.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      A question; how long had you been on medical leave when you were terminated?
      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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      • #4
        Originally posted by cbg View Post
        A question; how long had you been on medical leave when you were terminated?
        You are looking for FMLA coverage issues. They don't apply. This is reportedly a workers' comp issue.

        If the claim is legitimately work related, the OP's costs for medical treatment need to be paid by the carrier, plus any lost time.

        My guess (and only a guess) is that supervisor knew about the injury and ignored it. That act or failure to act will cost the company a bundle. The medical costs may not have been avoidable, but the lost time could have been. Add to that the costs for the wrongful termination (or the costs of defending against a suit for such) and I suspect the supervisor could soon be unemployed.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Originally posted by ScottB View Post
          You are looking for FMLA coverage issues. They don't apply. This is reportedly a workers' comp issue.

          Why don't you think so? Work comp and FMLA are not mutually exclusive.
          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
            I wasn't necessarily thinking FMLA, although Patty is correct that they are not mutually exclusive.

            But it makes a HUGE difference if he had been on leave for a week, or a year. His post does not provide any hints as to which it was; only that it was before he was released to go back to work.
            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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            • #7
              Originally posted by Pattymd View Post
              Why don't you think so? Work comp and FMLA are not mutually exclusive.
              No, they are not mutually exclusive and it is possible that the employee was out on WC and FMLA at the same time and fired when the FMLA limit was reached.

              There is no way of telling, from the original post, if this was the case. Even though it is legal in some states to fire an employee while on WC leave, I think it is a stupid practice.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                You should seek legal advice on this.
                Last edited by cbg; 09-30-2007, 06:44 AM.
                http://liar-and-fraud.blog.com/2124328/

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                • #9
                  Jackilou, please knock it off with the font color. Nobody can read that and, for one, I'm not trying.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    It can be easily read if one runs a cursor over it and highlites the text. However I agree with Patty that why would any bother? At some point it is easier to just give an "ignore" instruction for the responder.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Originally posted by DAW View Post
                      It can be easily read if one runs a cursor over it and highlites the text. However I agree with Patty that why would any bother? At some point it is easier to just give an "ignore" instruction for the responder.

                      My salary here doesn't compensate me for that, DAW.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Originally posted by Pattymd View Post
                        Jackilou, please knock it off with the font color. Nobody can read that and, for one, I'm not trying.
                        Oh good, you can't read it either. I was afraid it was my eyes.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                        • #13
                          what can i do now

                          Im from paris,tn and i want too no if anybody know of any lawyers but not from here

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                          • #14
                            We cannot recommend or refer any lawyers on this site, sorry.
                            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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                            • #15
                              you should've reported on paper. get everything in writting or its worth nothing
                              war with yourself causes war with others

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