What can I do if I was fired because of injuries? 24 Answers as of August 29, 2012

My 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.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
That's a BIG TIME "Workers' Comp." VIOLATION.
Answer Applies to: Michigan
Replied: 8/29/2012
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
Replied: 8/29/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Unless the injury occurred at work your employer can file you at any time for any reason or for no reason at all, but you can quit anytime also.
Answer Applies to: Rhode Island
Replied: 8/28/2012
Koning & Jilek, P.C.
Koning & Jilek, P.C. | Jonathan Neal Jilek
If you were injured on the job you may have a workers compensation claim. If you were fired for asserting such a claim you may have an additional claim.
Answer Applies to: Michigan
Replied: 8/27/2012
Graves Law Firm
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
Replied: 8/27/2012
    Law Office of Melvin Franke | Melvin Franke
    Contact me immediately. You need an experienced workers' compensation and civil attorney.
    Answer Applies to: Missouri
    Replied: 8/27/2012
    Mosley, Engelman & Jones, LLP
    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
    Replied: 8/27/2012
    The Lucky Law Firm, PLC
    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
    Replied: 8/27/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Contact a lawyer about a workmens compensation claim.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Danville Law Group | Scott Jordan
    Were your injuries due to your work? It sounds like your boss violated California Labor Law. If your shoulder injuries are work related, you can sue your former employer. There are additional remedies as well.
    Answer Applies to: California
    Replied: 8/27/2012
    Behren Law Firm
    Behren Law Firm | Scott Behren
    If it was an on the job injury you might have a workers compensation claim and if fired because of a workers compensation injury, you might have a claim for wrongful discharge.
    Answer Applies to: Florida
    Replied: 8/27/2012
    R. D. Kelly Law Firm, P.L.L.C.
    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
    Replied: 8/27/2012
    Bulman Law Associates PLLC Injury Law Firm
    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
    Replied: 8/27/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    If the injuries are as a result of on the job activities you need to make a Workers Compensation claim immediately.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Unless you were hurt on the job or you have an employment contract that covers termination, there is nothing that you can do.
    Answer Applies to: Virginia
    Replied: 8/27/2012
    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
    Replied: 8/27/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    Being let go and collecting workman's compensation are mutually exclusive.
    Answer Applies to: Massachusetts
    Replied: 8/27/2012
    Paul Whitfield and Associates P.A.
    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
    Replied: 8/27/2012
    Dwyer, Black & Lyle, LLP
    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
    Replied: 8/27/2012
    Andrew T. Velonis, P.C.
    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
    Replied: 8/27/2012
    Lapin Law Offices
    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
    Replied: 8/27/2012
    Downriver Injury and Auto Law | Michael Heilmann
    If it is a job related injury, you need to file a worker's comp claim. Firing someone for a workers comp claim is a retaliatory termination and illegal.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Lombardi Law Firm
    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
    Replied: 8/27/2012
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