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Do people typically get fired after worker's compensation?
03-05-2012, 07:55 PM (This post was last modified: 03-05-2012 07:59 PM by mst1981.)
Post: #1
Do people typically get fired after worker's compensation?
I have this feeling that I maybe getting the ax after my worker's compensation is cleared up.
There was no funny business going on and I've been with the same employer- a city government- for the last eight years. I pretty much have a stellar work history. Unfortunately, I am only an at-will part-timer and do not have the stability that a full-time public employee would have.
I'm relatively young, 30, but I was told by a few people who looked at my case that I physically can no longer do the job without risking more injury. In other words, I could get to a place where I could resume my normal duties but I would be at risk for more injury down the line because I've been doing it for so long. Most people do the job for a few years and then leave. It's not a job you stay on for eight years.
My question isn't if they can fire me because I know they can't until I am off of worker's compensation but is it typical for employers to do so? I don't do anything special and my boss and I don't have a great relationship but it's a job that would be very difficult to find a replacement.
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03-05-2012, 08:31 PM (This post was last modified: 03-05-2012 08:57 PM by 1171.)
Post: #2
RE: Do people typically get fired after worker's compensation?
i think "typical" varies with employers or even supervisors.
I would think it would be less of a problem with public employers then small independent private businesses.
if your employer has a union, I would check their history with them or other reliable employees with a long work history.
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03-05-2012, 09:53 PM
Post: #3
RE: Do people typically get fired after worker's compensation?
(03-05-2012 08:31 PM)1171 Wrote:  i think "typical" varies with employers or even supervisors.
I would think it would be less of a problem with public employers then small independent private businesses.
if your employer has a union, I would check their history with them or other reliable employees with a long work history.

Thanks, but in reality, there is very little difference between being a part-time at will public employee and that of an employee with a private company. I do in fact have a union but they're largely ineffective and would not be useful.
I told the adjuster that I was unhappy with the lack of attention they were giving my case and I forwarded them tons of emails documenting it. They sent a 'spy' to come with me to my medical appointments and he was feeding me a lot of information. For example, he was telling me that it's likely that I will be terminated after I come off of worker's compensation but he also told me that I'd get a $5,000 check due to the loss mobility in my shoulder, he'd get me all the things that I need for the surgery, etc. I asked him to put a lot of the things he said in writing and he stopped communicating with me.
I know they play all these games with you and withhold information from you.
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03-05-2012, 10:50 PM
Post: #4
RE: Do people typically get fired after worker's compensation?
it's not the same in my state. the union is strong and most agencies are cutting because of budget problems and not because of a past comp claim.
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03-06-2012, 02:42 AM
Post: #5
RE: Do people typically get fired after worker's compensation?
(03-05-2012 10:50 PM)1171 Wrote:  it's not the same in my state. the union is strong and most agencies are cutting because of budget problems and not because of a past comp claim.

Money isn't the issue. I make $13 an hour. The person who makes the closest amount to me earns $21 an hour. I'm cheap. I feel like my boss and the city knows that my injury came from wear and tear related to the job. The case manager that they sent out told me that it's something to be concerned with because they do not want to risk me getting injured again and having to take another 5-8 months of modified duties. He was saying that is why I should have the surgery so that I can get better to find another job.
If I lost my job, it would be no big deal. I'm burnt out from it and I know I can do so much better. I would rather leave on my own accord then to be blindsided by it and have a termination mark on a job that I've been at for the last eight years.
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03-06-2012, 01:38 PM
Post: #6
RE: Do people typically get fired after worker's compensation?
yep they do.

The good news is,"You can get used to anything."
The bad news is,"You can get used to anything."
:-)
Sithie
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03-06-2012, 01:49 PM (This post was last modified: 03-06-2012 01:49 PM by 1171.)
Post: #7
RE: Do people typically get fired after worker's compensation?
(03-06-2012 02:42 AM)mst1981 Wrote:  Money isn't the issue. I make $13 an hour. The person who makes the closest amount to me earns $21 an hour. I'm cheap. I feel like my boss and the city knows that my injury came from wear and tear related to the job. The case manager that they sent out told me that it's something to be concerned with because they do not want to risk me getting injured again and having to take another 5-8 months of modified duties. He was saying that is why I should have the surgery so that I can get better to find another job.
If I lost my job, it would be no big deal. I'm burnt out from it and I know I can do so much better. I would rather leave on my own accord then to be blindsided by it and have a termination mark on a job that I've been at for the last eight years.

you should quit so you leave on your own terms and are not blind-sided by the unexpected.
that's the only way to be sure.
any other assurances are just guesses by the uninformed.
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03-06-2012, 02:05 PM
Post: #8
RE: Do people typically get fired after worker's compensation?
I believe they companies dont care about how long someone has been there, even with perfect attendance.. IMO, if you are able and you think you could do better then go for it.. But I dont think I would quit, have somthing lined up first and then give notice.. If they fire you, at least you have somthing to fall back on...
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03-06-2012, 03:58 PM
Post: #9
RE: Do people typically get fired after worker's compensation?
I was canned from my job while on workers comp. 16 year employee with a spotless record. Trust your gut, I had the same feeling.
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03-07-2012, 04:03 PM
Post: #10
RE: Do people typically get fired after worker's compensation?
Just remember, if you quit, then more than likely, your claim will be closed out totally in most states, and you will have to pay out of pocket for the rest of your life for anything medically connected with the sustained work injury, including prescribed medication. No other personal insurance, nor medicare/medicaid will touch it. Of course, you could claim aggravation of an existing injury with any new employer and get their WC insurance to cover it, but then you are putting yourself right back into the boat that you just stepped off of.

However, if you allow them to fire you, there is at least a chance that you can retain open medical/prescription for that injury for at least a standard amount of time.

There is a lot more to look at when a WC injury is involved in changing employment or allowing ones self to be terminated. If that were the case, I wouldn't have ever been employable after my first employer termination (not related to wc in any manner) clear back in 1999. But I continued to find and hold many different positions in different states (including a termination related to WC injury) up to the day that I was deemed eligible for SSDI in 2009. Best thing if terminated is to be honest with prospective employers and let then know you were terminated, as it is illegal for them to call your ex employer and ask more than your date of hiring/termination and if employer would rehire you.

Angel ^j^

I've always been crazy, but it keeps me from going insane.
************
Happiness comes through doors you didn't even know you left open
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