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Fired while on worker Comp
05-25-2010, 11:39 PM (This post was last modified: 05-25-2010 11:45 PM by abe2141.)
Post: #1
Fired while on worker Comp
Ok so workerscomp doctor took me off work which was from feb 15 thru march 15 which is 30 days, They fired me on the 18 of Feb because I didn't show up to work when I took the Doctors excuse to them on the 15th of Feb what can I do or are they right
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05-25-2010, 11:46 PM
Post: #2
RE: Fired while on worker Comp
Welcome to the forum.

Are they right?? I don't think so. I don't think anyone should be fired because they got injured.

Unfortunately, it does happen and yes they can do it unless you are covered under the FMLA.

If your dr. has you off work due to an injury. You may be able to collect monitary benifits while the dr. has you off work. For more specific info.. You would need to let us know what state you are in.

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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05-25-2010, 11:51 PM
Post: #3
RE: Fired while on worker Comp
abe2141 Wrote:Ok so workerscomp doctor took me off work which was from feb 15 thru march 15 which is 30 days, They fired me on the 18 of Feb because I didn't show up to work when I took the Doctors excuse to them on the 15th of Feb what can I do or are they right
Ok I live in Texas and I got hurt at work and they took me to the doctor and he took me off work for one month and my company fired me for not showing up when they knew I had been taken off work
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05-26-2010, 12:09 AM (This post was last modified: 05-26-2010 12:12 AM by AQA.)
Post: #4
RE: Fired while on worker Comp
http://www.tdi.state.tx.us/wc/employee/b...s.html#ibs

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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05-26-2010, 12:13 AM
Post: #5
RE: Fired while on worker Comp
the answers depend on the situation.
does your employer have work comp insurance?
is your employer covered by Fmla?
those regulations provide some protection for employees.
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05-26-2010, 02:28 PM
Post: #6
RE: Fired while on worker Comp
1171 Wrote:the answers depend on the situation.
does your employer have work comp insurance?
is your employer covered by Fmla?
those regulations provide some protection for employees.
Yes my company have workers comp and yes they have FMLA but they told I cant use it since I was injured on the job
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05-26-2010, 03:56 PM (This post was last modified: 05-26-2010 03:57 PM by Tuffy.)
Post: #7
RE: Fired while on worker Comp
You have been given some bad info. FMLA is a Federal Program, that protects the job of an injured worker for 12 weeks. FMLA and Workmans Comp can run together....

Life isn't about waiting for the storm to pass.
It's about learning to dance in the rain.
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05-26-2010, 04:26 PM
Post: #8
RE: Fired while on worker Comp
Okay, so what I see here is an employment problem. Does the person wish their job back? if so, once that is answered I think we can put them in a better direction also.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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05-26-2010, 05:54 PM (This post was last modified: 05-26-2010 06:01 PM by 1171.)
Post: #9
RE: Fired while on worker Comp
Your employer is incorrect (FMLA does not exclude workers comp injuries - it includes them)
put your request for FMLA in writing to your employer and keep a copy.
this will support any complaint/investigation that is made.
here is the FMLA site
(you can file a complaint with them and send relevant information to your employer)
http://www.dol.gov/whd/fmla/index.htm

you can also file a complaint with the Texas Dept of Insurance here
http://www.tdi.state.tx.us/consumer/complfrm.html
(send a copy to your employer.)

make sure you send in the claim form.
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05-26-2010, 05:58 PM
Post: #10
RE: Fired while on worker Comp
1171, they been FIRED, how they going to do that now? They first need to get the FIRED changed in my opinion. But, maybe the employer will just say they made a mistake too...

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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