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Getting fired because of work related injury
09-02-2009, 12:55 AM
Post: #1
Sad Getting fired because of work related injury
What should I do if I think I have been terminated do to a work related injury?
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09-02-2009, 01:44 AM
Post: #2
RE: Getting fired because of work related injury
file a discrimination complaint. each state has their own rules on how and where. you can look on your state's work comp site for information.
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09-02-2009, 09:03 AM
Post: #3
RE: Getting fired because of work related injury
You can not be fired for a work related injury and if they did and you can prove it then you will be seeing them in court.You need to call a lawyer that handles these cases and let them review you`r case and these are very hard cases to prove and win but if you think this is the case then get in touch with a discrimination lawyer or wrongful termination lawyer.The best out come if you win is back wages and get ur job back or they could buy you out to go away as I have done this not long ago and they bought me out to go away.Good luck.

Each day is not a rite,it's a given.
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09-05-2009, 01:38 PM
Post: #4
RE: Getting fired because of work related injury
Were you fired in retaliation for filing a claim or because they won't accomodate restrictions? Proving you were fired in retaliation for filing a claim is sometimes difficult to prove.

In AZ ( "right to work" state) if you can no longer perform the job duties of the job you were hired for, even if temporary, they can terminate your employment at any time and it is perfectly legal and you have no legal remedy. That's what happened to us and the state WC ombudsman and 2 attorneys both researched it and it is to the letter of the law in our state.
Offically he was not the one who filed the claim - he was airlifted from the worksite and the claim started automatically so no way to say it was retalitation for filing a claim.
You need to get familar with the WC laws in your state and consult a wc specializaed attorney to find out what recourse you may or may not have.
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