What can I do if I was hurt on the job and fired while still going to worker’s compensation doctor? 12 Answers as of May 14, 2014

I am a delivery driver and was hurt on the job when I slipped on ice. I didn't feel too bad until a day later I could not hardly bend my back. I called my boss that day prior to my shift time and told him I could hardly move that I fell on my route the previous day and didn't realize until now that I was seriously hurt. I told him I couldn't come in today and that if it got worse I was going to the doctor. My boss said ok but I would need a doctor’s excuse. So I called back and told the assistant manager I was going to the ER and she said no you have to go down to the workers comp doctor. I was on my way to workers comp doc when my work called again and the assistant manager said my boss told her to tell me to go to my own doctor because I never said anything about being hurt on the job. After arguing with assistant manager that I very much so did tell him I was hurt while working I just drove to the ER. I was diagnosed with aggravated/swollen Sciatica and given a no work for one week excuse with medications. I called in work and told them about ER visit and then they told me that I needed to go down to workers comp doc. Meanwhile I felt very threatened with the way they were acting about this so my girlfriend had a hunch and checked the local UI office job search and there my job was posted the afternoon of the day I called in with injury. Meanwhile I went to comp doc and he diagnosed me with same injury, put me on light duty and therapy 3 times a week. I told company about light duty restriction and they had me come in to do a few jobs where I only had to drive with no lifting. I complied to all their requests to work light duty. Meanwhile my boss, the company owner was forced to drive my normal 4 day out of state route. I was then on light duty 2 weeks. The whole time I was going to doc and therapy my boss would say things like man you're killing me. When can you come back and drive your route and as long as I am stuck driving your route.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a workers compensation lawyer, and also a lawyer who specializes in wrongful discharge cases.
Answer Applies to: Michigan
Replied: 5/14/2014
You need to retain an attorney who would 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
Boesen Law, LLC
Boesen Law, LLC | Joseph J. Fraser III
The Colorado Workers' Compensation law does not require that an Employer maintain an injured worker's job for him or her if they are not physically able to fulfill the requirements of the job. However, if you are taken off work by a doctor or lose your employment because of your injury, and no other fault of your own, you become entitled to Temporary Total Disability or lost wage benefits (equal to 2/3 of your Average Weekly Wage) from the workers' comp insurer. If you work less time or at a lower pay rate, you may get Temporary Partial Disability benefits for 2/3 of the difference in pay.
Answer Applies to: Colorado
Replied: 4/30/2014
Law Offices of George H. Shers | George H. Shers
Your Question says you were fired but your Question Detail says you kept on working and thus, were not fired, even though your job position was listed. Which is it? You can not be fired for suffering an on the job injury but you can be let go if it is clear that you can never return to full duties and they do not to make permanent light duty available.
Answer Applies to: California
Replied: 4/30/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
First of all you need to get better at understanding your boss' position with you coming back to work. They are doing their job and yours which is why they are asking when will you return to work. Second, you need all light duty and work excuses in writing not orally. Word of mouth will not cut it later on. So get all excuses in writing.
Answer Applies to: Iowa
Replied: 4/29/2014
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    Depending on your state law, you may have a valid wrongful termination case. Contact an experienced workers' compensation or employment law attorney. Do not delay, as time limitations apply.
    Answer Applies to: Kansas
    Replied: 4/29/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It's against the law to fire you soley for filing a comp claim, but they can fire you for any other or no reason. It's very difficult, if not impossible, to prove a wrongful termination case. However, you will have a comp case. Consider consulting an experienced comp lawyer.
    Answer Applies to: Alabama
    Replied: 4/29/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    In the first place you go to the comp dr because he is being paid by the comp carrier. In the second place it appears you don't like or trust your boss and your boss doesn't think much of you. why don't you find a job where those bad relationships don't exist. You cant be fired because you filed a claim but you can be fired if you cant do the job. You need to be able bodied to keep your type job see a comp lawyer for full review
    Answer Applies to: North Carolina
    Replied: 4/29/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You filed the comp claim and you are getting treatment. Your boss values your work as shown by the fact that he wants you back so badly. When you are physically able to return to work, do so. And, just as you have been doing, do any light duty work that you can which is available. Once you are back to work you can decide if you want to keep working for this guy or look elsewhere.
    Answer Applies to: New York
    Replied: 4/29/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    Get a worker's compensation attorney. By law they only get 15 percent if you win. Most cases win that are not based on fraud.
    Answer Applies to: California
    Replied: 4/29/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may be entitled to workers' compensation benefits for your injury that happened at work.
    Answer Applies to: Illinois
    Replied: 4/29/2014
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