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jat · 10-30-2011, 11:08 AM

I was fired while on a wc back injury for harrasement. The harrasement charge is false, I have been denied unemployment and I have filed an appeal. I got my Dr. to remove my restrictions so I could take another job, I have been in a good amount of discomfort since taking the new job and I am not sure how much longer I will be able to continue. I have had one knee replaced a year ago and the other is starting to give me problems, my right hand and arm are giving me a lot of problems, carpal tunnel I suspect and my back is still giving me problems. I have been a heavy equipment mechanic for over 30 years, 57 years old. Do I have any options, I need an income and medical benefits and finding employment at my age and physical condition may be impossible.

1171 · (This post was last modified: 10-30-2011 11:17 AM by 1171.)

you are entitled to work comp benefits for your work comp injuries. discuss your condition with the your doctor and file a claim on those that were caused by your job.
you are still eligible for some benefits on your back injury claim.

jat · 10-30-2011, 11:23 AM

I have only worked for this new employer for 4 weeks, I was fired from the last job 6 weeks ago. If I claim any injury I fear I will be let go and because I am not eligable for unemployment I will have no income.

1171 · 10-30-2011, 11:28 AM

then only proceed against past employers.

jat · 10-30-2011, 11:45 AM

If I file on my old employer for my back couldn't I be let go from my new employer?
My right arm issue is something that has been giving me problems for the last two weeks while employed with my new employer. I spend much of my time climbing, crawling and using very large tools.

My knee is degenerative arthritis and doing this type of work is making it worse.

1171 · 10-30-2011, 12:06 PM

yes, filing a comp claim does not give you immunity from termination.

jat · 10-30-2011, 12:19 PM

I do have a wc lawyer from my previous back injury, he told me to try the new job and if I had problems (injured, terminated, unable to perform job) to get in touch with him. Would I be eligable for income benefits thru wc if terminated by my new employer?

1171 · (This post was last modified: 10-30-2011 01:25 PM by 1171.)

(10-30-2011 12:19 PM)jat Wrote: I do have a wc lawyer from my previous back injury, he told me to try the new job and if I had problems (injured, terminated, unable to perform job) to get in touch with him. Would I be eligable for income benefits thru wc if terminated by my new employer?

it's the employers insurance, not yours.
yes, for temporary total with medical approval.
terminating your employment after you are injured does not affect your comp eligibility; workers comp is not health insurance.
the employer's work comp policy protects them from your claim for however long you have it regardless of your subsequent employment status.