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work related car accident then fired?
#1
Hello all i found this forum and i hope this is the place where i may be able to get some advice on my current situation. I will start this with some info then from the beginning.

I work in Maryland (DMV) area, i am a union employee and work for a corporate company. When the accident happened i was in a company van, heading to work. The accident was ruled no fault and i was never issued a ticket. I'm not sure if its union code or state code that if you are in your company vehicle and involved in a non-fault accident that you are entitled to WC. Everything thus far has been taken care of by the WC people.

This accident happened last November and i was cleared to return to work yesterday starting Monday.

About the accident; I sustained serious leg injuries and most of my ankle was fractured. I required surgery and a barrage of stitches. My ankle now permanently has 6 screws and a 4in plate in it.

The recovery process was anything but easy, but that's not my issue.

My issue is i received word from a very trusted source from work, that upon my return or even before my return they were going to "terminate" me. Nothing was ever said to me in the previous 9 months since this accident happened. In my personal opinion it seems they didn't want me to know about this until i was released to return, that's when my source heard this after yesterday. Every time i call the office they give me the run around, like they are stalling.

I was hoping for some insight to people that have potentially gone through something similar to this.

I am just trying to get a head start on this if in fact they do fire me.
 
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#2
I'm assuming your employment is covered by FMLA but even that only gives you 12 weeks of job protection.
having a workers comp claim does not confer on a worker immunity from termination.
workers comp law does however make it illegal to terminate a worker for filing a claim.
if you are terminated and have evidence that it was retaliation for filing a claim you can file a complaint by contacting the work comp board.
if your work restrictions prevent you from performing your job duties you are entitled to some vocational rehabilitation benefits.
more on Maryland work comp :
http://www.wcc.state.md.us/
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.
 
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#3
Just another - First off yes 1171 is correct ( as usual )..

i too was fired 2 weeks after my injury... Just the day after they finally called in my injury to their Insurance Company.. I would defintely get a notebook and write down every conversation that you have with anyone related to your job. If you call and no answer and left a message write down w/ date, time, whom, etc.

As my attorney said when I did that it will be helpful later on as i wrote down every conversation from the day of my accident as i could tell in their voice that was going to happen to me..

I would definitely write down the conversation w/ your informant, i wouldn't tell him that you are "keeping" tabs b/c then they may shut up...

I do hope that you can get some kind of resolve, but I would go ahead and be talking to an attorney so he may give you some advice on what to look for as well b/4 they do fire you... ( If they do )

Well good luck...
 
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#4
Thank you both for the posts above.

Well unfortunately they decided to move forward with termination. I didn't contact an attorney because my union has been overseeing this; but i did do what you said hurtback and have made a journal about the entire incident.

Here is the only end that i am confused about, and i have contacted a local WC law firm to get council about this, haven't heard back yet tho. I figure maybe someone on here might know. I never signed a release, but im worried about continued medical coverage in the future (I.e. further surgery) as that is not far fetched, but that is unknown and could be years before i would know i needed it. I would rather not settle for a lump sum but that may be a better option. I just don't understand my options in this.

Any web links would be greatly appreciated too thank you all in advance!
 
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#5
(08-16-2012, 06:41 AM)Justanotherbluecollar Wrote: Thank you both for the posts above.

Well unfortunately they decided to move forward with termination. I didn't contact an attorney because my union has been overseeing this; but i did do what you said hurtback and have made a journal about the entire incident.

Here is the only end that i am confused about, and i have contacted a local WC law firm to get council about this, haven't heard back yet tho. I figure maybe someone on here might know. I never signed a release, but im worried about continued medical coverage in the future (I.e. further surgery) as that is not far fetched, but that is unknown and could be years before i would know i needed it. I would rather not settle for a lump sum but that may be a better option. I just don't understand my options in this.

Any web links would be greatly appreciated too thank you all in advance!

Sounds like you have a good case against them, you even have a witness who knew they where going to terminate you before you even attempted to go back to work. If your under FMLA you get medical coverage, after that ends they send you a letter asking you if you want cobra coverage which is very expensive. Do you have extended leave with union?
 
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