Can my employer fire me after I was hurt on the job and I am on workers comp? 11 Answers as of May 05, 2014

I was injured on the job and I'm currently let go while I'm still on workers comp and not able to go back to work. The letter said they are letting me go because the nature of work they must hire someone else and when I'm released I can put an application in. Is this legal?

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You need to retain an attorney to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 5/5/2014
Strouse Legal Services | James C. Strouse
No. Company can't fire you because you were hurt and on Worker's Comp.
Answer Applies to: Maryland
Replied: 5/1/2014
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
This may be disability discrimination or a violation of the Americans with Disabilities Act. You should talk to a local lawyer who specializes in disability discrimination cases. The lawyer will need more information about your situation, including information about the nature of your job and the nature of your injury.
Answer Applies to: California
Replied: 4/29/2014
Yes, in GA, you may be discharged for this. A workers compensation claim does not protect the job.
Answer Applies to: Georgia
Replied: 4/29/2014
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
You can be fired while on worker's compensation. However, that does not stop your benefits under worker's compensation.
Answer Applies to: Georgia
Replied: 4/29/2014
    The Niskar Law Firm, PLLC
    The Niskar Law Firm, PLLC | Joey Niskar
    The answer to your question depends upon whether the Family & Medical Leave Act ("FMLA") applies to the situation. For the FMLA to apply, the following conditions must be satisfied: [1] You had to work for the company for at least 12 months prior to the beginning of the leave; [2] the employer must have 50 or more employees at your worksite, or within a 75 mile radius of your worksite; [3] you must have given the employer adequate and timely notice of the need for leave under the FMLA (although one is not usually required to mention the FMLA by name, nor is one usually required to use the words "leave" or "leaves of absence"); [4] you must be able to return to work within 12 weeks of the beginning of the leave; [5] you had to have worked at least 1250 hours in the 12 months prior to the beginning of the leave (which usually averages about 25 hours per week); and [6] you must have timely submitted to the employer any completed forms that the employer asked you to have completed and submitted back to it. If all of these conditions are met, and the employer did not eliminate the job position for reasons unrelated to the taking leave, then there could have a claim under the FMLA. You should consult with an attorney who concentrates his/her practice on the handling of employment discrimination cases, and who has substantial experience with FMLA cases in particular. It has been my observation that not all employment discrimination lawyers have a good grasp of the FMLA and/or the Department of Labor regulations which apply to the FMLA.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Fox & Fox, S.C. | Richard F. Rice
    Contact a worker's compensation attorney.
    Answer Applies to: Wisconsin
    Replied: 4/29/2014
    KEYL ADR Services, LLC | Mark D. Keyl
    This would be legal in MS. If the position is a vital position that must be filled, they can fill it. Once you are able to return to work, it sounds like you would be eligible for rehire.
    Answer Applies to: Mississippi
    Replied: 4/29/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Talk to your worker's comp attorney. If you don't have one, call the worker's comp board and ask them. If you are on permanent disability, it might be a reasonable decision.
    Answer Applies to: Idaho
    Replied: 4/29/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It would certainly like to have more information before rendering opinion, that said, it would appear that you should continue to be receiving Workmen's Compensation both in lost wages and medical benefits until such time as you are able to get back to work. On the other hand, you must be aware that your employer hires you to actually perform at service, and if you cannot, they must replace you.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Geneva Yourse | Geneva Yourse
    If you believe that you were terminated because of your work related injury, you should contact the NC Department of Labor to file a REDA complaint.
    Answer Applies to: North Carolina
    Replied: 4/29/2014
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