getting fired...

[TSPPlugInBaby]

So I'm leaving for work right now where I'm almost positive I'm getting fired... when I asked if she had given my shift to someone she wouldn't answer and so i asked if i was getting fired she said if i didn't come in it would be considered my resignation...

so my question is, I'm getting fired basically for an injury incurred on the jobsite...
1) is this legal??? can she legally fire me for getting hurt???
2) do I get paid for the days missed because of my injury???
and
3) does this mean i qualify for unemployment???

[Still in Limbo]

Welcome TSP! There is no way we could answer you without a little more info. When you have time, Pleas try and give us more of your situation and Your State. I'm sure someone on here will be from your State, and be able to Help! Sorry I couldn't have been of more Help, but I did want to say Hello and Welcome!!

[Timothy Belt]

In PA, you are entitled to wage loss benefits under workers' compensation if your wage loss is as a result of your work injury. If your employer fires you for pursuing workers' compensation benefits, you can also pursue an action for wrongful discharge. If you are terminated because there is no work within your restrictions, there is no recourse other than workers' compensation. If you are released to do some form of work, regardless of how light, and your employer has no work available, you may file for unemployment compensation. However, UC is a taxable benefit where as WC is not. Furthermore, the i/c in the WC may take an offset for UC, so you may be better off not filing. Again, this is PA law. Your state may be different.

[1171]

If your employer is covered by FMLA regulations your job is protected for up to 12 weeks of leave.

For more details go here:
http://www.dol.gov/esa/whd/fmla/

[TSPPlugInBaby]

Hi,
alright more information about the situation:
I'm from CT and have working at my current job for 3 years now... My boss says that my firing is a result of not following safety procedures and getting injured because of it... I work in a deli and was cleaning a slicer in a rather unorthodox manner (the blade was running and the guard off) when my hand slipped and I was cut. The guard would not have helped me not to get cut... I admit that the injury was my fault... it was stupid, but my personal injury does not affect the store as a whole... She also is rather cruel and abusive in her manner of managing... she yells before asking questions, has called me idiot, moron, imbecile, stupid and useless in the past... she also yells at employees in front of customers and has made customers cry before by yelling at them... In any case, she fired me because I cut myself on a slicer while violating safety procedure...

is that helpful or is there any more information i should include???

[Lilly]

Hi.
You need to read about employee safety voilations in your handbook from work if you have one. Where I used to work, it stated clearly in our handbook that if you did not have your safety glasses on (which was an employee safety violation)....it was immediate termination. Your managers nasty demeanor has nothing to do with your lack of safety practices.....if she yelled at you for getting cut, sorry, you had it coming.(sorry, not trying to pick on you, or sound mean)
If she has been verbally abusing you at work, have you told her to stop? The verbal stuff is a complete different story & has nothing to do with being an IW...If you told her to stop...and she didn't, she may be abusing you, or discriminating against you.
Take care, Lilly

[1171]

Job protections under workers comp laws are often written as part of anti-discrimination provisions.
Disciplining an employee for safety violations would be allowed but not so if they only applied to those who filed claims.

[Bummer Knees]

I live in Kansas and it is against the law to fire a worker because they have filed a wc claim.

My HR Handbood does not address wc and safety issues.