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Does being fired for work restriction count as time loss? - Printable Version

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Does being fired for work restriction count as time loss? - mwpdx86 - 03-01-2016

Sooo, say I had a job spraying pesticides or something.  The protective equipment they gave me was inadequate and I got sick, and the doctor says I can't be around those chemicals anymore, so they put me on a work restriction.  They have me doing something something else for a while, fixing tractors or something.  But then they say "oh we ran out of tractors for you to fix so we have to let you go".  Does this count as time loss?  If so, how long would I receive these benefits?  This is assuming I'm still able to do anything I could do before, except spray pesticides.  I tried searching to find these answers but it seems like it's a less common situation, as it's not a complete disability :-/


RE: Does being fired for work restriction count as time loss? - 1171 - 03-01-2016

it may depend on whether the restrictions are permanent or temporary among other variable factors.
if you read many of the posts on this board, you would learn that each state has it's own comp rules and benefits and there is no one universal answer for all of the claims in the US.
As a generality if there were comp coverage most states would require a rating and pay benefits based on that and not pay time loss.
...but I don't even know if you could file a claim or be covered.


RE: Does being fired for work restriction count as time loss? - mwpdx86 - 03-06-2016

(03-01-2016, 11:00 PM)1171 Wrote: it may depend on whether the restrictions are permanent or temporary among other variable factors.
if you read many of the posts on this board, you would learn that each state has it's own comp rules and benefits and there is no one universal answer for all of the claims in the US.
As a generality if there were comp coverage most states would require a rating and pay benefits based on that and not pay time loss.
...but I don't even know if you could file a claim or be covered.

The claim is filed in Oregon, FWIW.  The urgent care doctor and occupational health doctor both said essentially no spraying until more medical evaluation can be done (which is still a month or two out, hence the layoff).  They were going by symptoms alone though, and didn't do any kind of specific testing or anything.  There was a recent investigation by OSHA though, that determined some level of overexposure to various chemicals, inadequate PPE and other things.


RE: Does being fired for work restriction count as time loss? - 1171 - 03-06-2016

yes, there should be temporary disability benefits paid until your condition has returned to normal or it,s become permanent.
more information on oregon comp here:
http://www.cbs.state.or.us/wcd/injured_wkr/timeloss.html