Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Terminated on W/C
#1
Hello all,
I was recently terminated while on light duty and have a couple of questions if anyone can help.
I was terminated for time missed 6 days and 2 lates in 6 months all related to injury. I asked for intermittent time off under ADA as doctor certified my disability and am covered as such. If employer decides not to accommodate
me and use attendance as reason shouldn't w/c now start ttd payments?
Also I have had to take 3 drug tests in 2 months not counting injury date
isn't this excessive? Realize I work for a really crooked company that is fighting everything and has people watching me trying to find a way to not cover injury even though 2 drs. and FCE all say I'm hurt. Wouldn't this be harassment.
Also isn't employer required to put a light duty job in writing and an agreement has to be made?
Thanks for any advice
 
Reply
#2
in order to get TTD the lost time would have to be outside the waiting periond and not after you are declared MMI.

whether drug testing is ruled execessive or not depends on the circumstances.
if you are in a union or under a collective bargaining agreement you may have guidelines there.
could be harrassment but depends on the evidence you can present to the court.
rules on lite work during comp injury are controlled by your state's work comp laws.
without knowing your state that cannot be answered.

when dealing with an employer you believe is not trustworthy you should consider legal representation.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
Has a doctor taken you off work? As 1171 said if you are dealing with a bad employer it would be best to at least speak with a lawyer and see what they say. The first visit should be free and you can talk to more then one lawyer. Unless you have one you know and trust I would talk to several to make sure you can trust them. Just like anything else there are some out there just to make a quick buck and those may not have your best interest in mind
 
Reply
#4
(05-06-2014, 01:47 PM)Manley2 Wrote: Has a doctor taken you off work? As 1171 said if you are dealing with a bad employer it would be best to at least speak with a lawyer and see what they say. The first visit should be free and you can talk to more then one lawyer. Unless you have one you know and trust I would talk to several to make sure you can trust them. Just like anything else there are some out there just to make a quick buck and those may not have your best interest in mind
Sorry in Nevada
Was MMI because treating dr didnt want to follow back surgeon opinion for injections or surgury. I appealed
And waiting on answer.
I was workink light duty with perm restrictions at time terminated.
I read somewhere that as long as term reason not gross misconduct
Workers comp benefits must start.
 
Reply
#5
If you are still under Doctor's care, and NOT MMI, you should be getting TTD
 
Reply
#6
the requirements for light duty in Nevada work comp apply when the restrictions are temporary and not permanent
see 616.475
http://www.leg.state.nv.us/NRS/NRS-616C....616CSec475
an employer is not required to create a job when permanent restrictions prevent return to normal work duties.
ADA does require the employer to discuss reasonable accommodation.
you should consider requesting vocational rehabilitation if that happens in your case.

please provide a citation where termination requires TTD payments.

contact your local labor commissioner about drug testing harassment.
under FMLA you have 12 weeks of job protection. if your employment is covered by FMLA you can file a complaint with them if those rights have been violated.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#7
(05-06-2014, 03:51 PM)1171 Wrote: the requirements for light duty in Nevada work comp apply when the restrictions are temporary and not permanent
see 616.475
http://www.leg.state.nv.us/NRS/NRS-616C....616CSec475
an employer is not required to create a job when permanent restrictions prevent return to normal work duties.
ADA does require the employer to discuss reasonable accommodation.
you should consider requesting vocational rehabilitation if that happens in your case.

please provide a citation where termination requires TTD payments.

contact your local labor commissioner about drug testing harassment.
under FMLA you have 12 weeks of job protection. if your employment is covered by FMLA you can file a comlaint with them if those rights have been violated.
NRS 616C.232 for gross misconduct
Part
As far as FMLA I qualified but my hr manager didnt like the way dr certification was filled out and treating dr did not want to cooperate with her so she said no to fmla also stating certification is required by fed law. Also not true. I thought certification was only if employer was unaware of injury.
She tried making me go to my own dr to fill out cert. but I dont have a family dr. And couldnt find one that would see me because of workers comp and laws in nevada dont let you choose Dr. And ins wont cover for same reason if I could get in.
As far as ADA they gave me light duty job. But refused intermittent time off saying ada doesnt cover that which is wrong.
Dont understand why you say they dont have to accommodate me as far as ada rights? I realize they dont have to give me job but only after accommodations dont work or too expensive or undue hard ship, financial burden.
So is it ok that I loose my rights to fmla which I qualify for and dr said yes but due to the fact he didnt use the wording my hr wanted and refused to do again becase he said this is how he always fills it out.

 
Reply
#8
(05-06-2014, 06:24 PM)johnny1999 Wrote:
(05-06-2014, 03:51 PM)1171 Wrote: the requirements for light duty in Nevada work comp apply when the restrictions are temporary and not permanent
see 616.475
http://www.leg.state.nv.us/NRS/NRS-616C....616CSec475
an employer is not required to create a job when permanent restrictions prevent return to normal work duties.
ADA does require the employer to discuss reasonable accommodation.
you should consider requesting vocational rehabilitation if that happens in your case.

please provide a citation where termination requires TTD payments.

contact your local labor commissioner about drug testing harassment.
under FMLA you have 12 weeks of job protection. if your employment is covered by FMLA you can file a comlaint with them if those rights have been violated.
NRS 616C.232 for gross misconduct
Part
As far as FMLA I qualified but my hr manager didnt like the way dr certification was filled out and treating dr did not want to cooperate with her so she said no to fmla also stating certification is required by fed law. Also not true. I thought certification was only if employer was unaware of injury.
She tried making me go to my own dr to fill out cert. but I dont have a family dr. And couldnt find one that would see me because of workers comp and laws in nevada dont let you choose Dr. And ins wont cover for same reason if I could get in.
As far as ADA they gave me light duty job. But refused intermittent time off saying ada doesnt cover that which is wrong.
Dont understand why you say they dont have to accommodate me as far as ada rights? I realize they dont have to give me job but only after accommodations dont work or too expensive or undue hard ship, financial burden.
So is it ok that I loose my rights to fmla which I qualify for and dr said yes but due to the fact he didnt use the wording my hr wanted and refused to do again becase he said this is how he always fills it out.

You should discuss all of these issues with an attorney who specializes in labor law.

I also suggest meeting with an attorney who specializes in workers compensation. The consult should also be free.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Terminated for cause Lostandconfused 6 229 09-11-2018, 11:41 PM
Last Post: Lostandconfused
  Accident while delivering pizza - terminated!! steve11 2 782 08-02-2017, 12:11 PM
Last Post: 1171
  California WC checks terminated before MMI 123katie 19 4,162 05-06-2017, 05:19 PM
Last Post: California_Help
  benefits be terminated. hurtnND 2 1,629 02-17-2015, 06:25 PM
Last Post: 1171
  Workman's comp pay reduced/terminated cjeanette 7 5,857 11-08-2014, 10:59 PM
Last Post: California_Help
  Learned my employment has been terminated Bummer Knees 8 8,995 12-06-2010, 07:53 PM
Last Post: bodybuilder1958
  Terminated From Work lefty 3 4,708 06-08-2010, 11:32 PM
Last Post: 1171
Question [CA] Can you be terminated while out on W/C ? cinder1ca 4 9,170 02-06-2010, 02:05 PM
Last Post: bagpussinamerica
  terminated while on WC spknpro 3 6,436 08-21-2009, 05:55 PM
Last Post: MJC
  Injured nurse being terminated Bummer Knees 11 9,194 09-01-2008, 08:57 PM
Last Post: Cycler

Forum Jump:


Browsing: 1 Guest(s)