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

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
W/C injury then fired
#1
Hello, I see alot of helpful information, thanks! My situation is this: I have a left shoulder injury, torn rotator cuff, and will require surgery. The proper claims have filed, I've seem the company approved doc many times. After my last visit, I was referred to an ortho doc. The next day I was fired for some "made up" reasons. Is my claim still good even though they fired me? Should I still go ahead with the upcoming appointment and surgery? I think the claim should still be valid since I was hurt on the job well before being fired. Anyone experienced anything like this?
 
Reply
#2
yes your claim is still active; comp is not health insurance.
the policy is the employers and the employer remains covered even as workers come and go. The employer continues to be protected from your injury by providing comp benefits for that injury.
you are not covered; your injury is. a distinction that many misunderstand.
most states have anti-discrimination policies and if you believe it was retaliation for filing a claim you can pursue legal action.
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
1171 Wrote:yes your claim is still active; comp is not health insurance.
the policy is the employers and the employer remains covered even as workers come and go. The employer continues to be protected from your injury by providing comp benefits for that injury.
you are not covered; your injury is. a distinction that many misunderstand.
most states have anti-discrimination policies and if you believe it was retaliation for filing a claim you can pursue legal action.

THanks, that all makes good sense to me, I want back pay for all the time lost and my job back, too. I guess I had better get a lawyer lnvolved, huh? It's just nor right the way they're trying to "blow it off"
I'm damaged for good and the doc wonders nothing was done earlier! That's exactly whwt i wanted too. My case just fell by the wayside it seems. Thanks alot for your thoughts, anymore insite, send it my way

Limojay1
 
Reply
#4
What State is this in? Yes, it does matter here.

Why were you fired? You didn't say what their reason was, yes, would need to know this, so we can help there more.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#5
This is in Virginia. I was fired because I was a "whistle blower" over an unrelated safety issue,(smoking in a hazardous area), and as a means of retaliation, I was set up to make it look like I had stole something, which, of course, I didn't. The bottom line is I was injured on the job long before any of these issues came about. My contact person with workers comp. is going to check it all out. He too, thinks it is very possible a trap was set for me since I was the only non-smoker. I am not going to give up on this and proceed to research & build my claim. Thank you all!
 
Reply
#6
you may have rights as a whistleblower but that won't get you comp benefits unless you can show discrimination over filing the comp claim
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
Where you put off work by the doctor before you were fired? And where you being paid TTD? If you will still working for them when they fired you then there will not be back pay from that time unless you prove they fired you because of your injury. You should get TTD if a doctor puts you out of work for the injury
 
Reply
#8
While your work comp case and all will remain active for you, is a very good thing.

I do find it strange the employer would fire you over reporting a hazardous situation. No employer want a large problem of employee's buring up, or getting blown up. So please may I ask what the full reason of being fired is said to be, as the employers side. The reason; A whistle blower has Labor Rights also. Which means you have Labor Rights with your State EEOC. That means I you need to file a Claim with you State of Virginia EEOC dept. Then you need to first make contact with a good Labor/Employment Attorney. See Work Comp Attorney's don't handle Labor Law issues. Labor Laws and Rules are way different then Work Comp Laws and Rules. So, you would need 2 different Attorneys in your now case. If looking for an set of Attorney's, I then would say a Law Firm that handles both is a better way for you to find what you need to get done. This way evrything you do is all in the same house so to speak.

In the mean time here is your State EEOC web Link;

http://www.eeocoffice.com/States/virginia/virginia.htm
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#9
Well, I know there are multiple issues going on here. First and foremost, I was hurt on the job, I am in pain, & I need my medical issues taken care of. From what I'm hearing, this should all be done through my w/c claim. Once I can rest assured that this is so, then I can work on the other matters with EEOC, OSHA, and finding another job. This is all so stressful and it's taking all of my time just to get this uncalled for mess straightened out.
 
Reply
#10
Just keep in mind there are time limits on somethings like the EEOC so anything you are thinking about make sure you check into those limits and take care of them under those limits
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  fired while on perminent restrictions from a work related injury lostboy72 2 8,714 04-24-2012, 10:31 AM
Last Post: firedtoday
  Unfiled Work Injury, now fired. firedtoday 3 4,191 04-19-2012, 11:21 PM
Last Post: AQA
  Employer refuses to file injury report - fired in PA Hamilton 5 8,371 03-20-2012, 06:01 PM
Last Post: Timothy Belt
  fired for injury vwh2o 2 3,028 07-08-2011, 11:31 PM
Last Post: 1171
  Fired for Work Related Injury js0810 8 20,361 04-21-2011, 04:43 PM
Last Post: Timothy Belt
Sad Getting fired because of work related injury comicbookguy 3 19,516 09-05-2009, 01:38 PM
Last Post: cnaz

Forum Jump:


Browsing: 1 Guest(s)