What can I do if I was fired because of injuries? 24 Answers as of August 29, 2012My right shoulder hurts and could not lift my hand when I got to work one day. I went to a doctor and he told me that we needed to do an MRI. We did an MRI and found out that there is something wrong on my ligament. I went to have a physical therapy. I went back to work and one week later, the other shoulder hurts as well. I have two shoulders that hurt badly. My boss called me and told me that I was fired because of injuries.
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If you were injured on the job, you have a workers compensation case. If you were fired due to the injuries, you MAY have a claim for wrongful discharge or employment discrimination. You need a lawyer who specializes in that stuff.
Answer Applies to: Michigan
Graves Law Firm | Steve Graves
You don't say whether you were hurt on the job, but if not and if you have no contract of employment or issued employee manual that says otherwise, your boss can fire you for any reason or no reason just as you can quit for any reason or no reason. It doesn't even have to be for something that affects your job performance, though your injury pretty clearly does.
Answer Applies to: Texas
Mosley, Engelman & Jones, LLP | Britany M. Engelman
If you were injured as a result of your job (repetitive movements, lifting, etc.), your injuries would fall under Workers' Compensation. If that is the case, you should speak with an attorney to ensure that you are being afforded all of your rights under Workers' Compensation. If your injury is wholly unrelated to your job, your job would still be protected if you had to miss work due to the injury and you sought time off under the Family Medical Leave Act. If the basis for your termination was strictly your injury, you should speak with an attorney specializing in employment law to ensure that your interests are protected.
Answer Applies to: California
The Lucky Law Firm, PLC | Robert Morrison Lucky
Louisiana is an employment at-will state. Therefore, employees may be fired for pretty much any reason whatsoever, as long as not for discrimination of certain types. Also, there are some limitations if on terminating employees if the employee was actually injured on the job. If you were injured on the job, then there will be certain things that you are required to do.
Answer Applies to: Louisiana
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You don't say what caused the injuries. If the injuries were work related, you may be able to file a claim with L & I. The L & I website also discusses workplace rights under Washington law. http://www.lni.wa.gov/workplacerights/. You may also be able to collect unemployment compensation through the Employment Security Department. http://www.esd.wa.gov/ A good website discussing federal law workplace rights and remedies is the U.S. Department of Labor: http://www.dol.gov/
Answer Applies to: Washington
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Call the Montana Dept of Labor in Helena and file a claim ASAP. If you receive a denial letter from the work comp insurance company, call us to review the case. In the meantime, see a doctor to begin treatment. If you shouldn't be working, ask the doctor to make a note so that later on the insurance company won't have another reason to not pay.
Answer Applies to: Montana
Lewis B. Kaplan | Lewis B. Kaplan
You may have a claim that can be pursued through the Equal Employment Opportunity Commission (EEOC)). You also likely have a claim under worker's compensation law. I suggest you contact a lawyer knowledgeable in worker's compensation law first . That lawyer can also advise you on EEOC issues .
Answer Applies to: Illinois
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You have not said that any problem you have is caused by an accident in the course and scope of your employment, so I assume you have physical problems not job connected. Your boss perhaps has need for an able bodied male employee and he does not consider you able bodied. He has no obligation to retain you in his employ. I also assume you have no written contract of employment as most do not. NC is a right to work jurisdiction and a boss may terminate you at any time for reason or for no reason. You can quit at any time for reason or no reason.
Answer Applies to: North Carolina
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Nothing. Unless you were hurt on the job, which would get you workers compensation, your employer can fire an at-will employee if they cannot do the job because they are injured. He/she is trying to run a business and you can't do that with employees who can't work.
Answer Applies to: New York
Andrew T. Velonis, P.C. | Andrew Velonis
Unless you are working under a contract, an employer can fire you for any reason or no reason. But, since you were fired without cause, you are entitled to unemployment insurance. If you are disabled, you may be entitled to disability pay. If the condition came about because of your work, you will be entitled to worker's compensation. Those last two items will require verification from a doctor. But: any time you are applying for any of those benefits, make sure to report that you may be or are applying for other benefits as well. Double- or triple- dipping is not allowed.
Answer Applies to: New York
Lapin Law Offices | Jeffrey Lapin
From your description, it appears you have a workers' compensation claim against your former employer for at least your right shoulder problems. It is not as clear about your left shoulder as you do not describe what may have happened to it. Your former employer or its workers' compensation insurer is liable for all medical expenses related to your work-injury. In addition, you may be entitled to Temporary Total Disability Benefits, which is money for not being able to work, because you were fired. Moreover, depending on what occurs and whether you fully recover from your injuries, you may be entitled to additional workers' compensation benefits. At least as to your workers' compensation claim you may to consult with an attorney. Most workers' compensation attorneys offer a free consultation so it will not cost you anything to learn more about your rights and options.
Answer Applies to: Nebraska
Lombardi Law Firm | Steve Lombardi
It is illegal to fire an employee for filing a workers' compensation claim. Get the boss to admit he did it for that reason and you have a case. Otherwise file a workers' compensation claim, collect and pursue your rights under Chapter 85.
Answer Applies to: Iowa