WC and termination

rmschaver · 07-27-2012, 02:19 PM

I have been injured at work and am getting concerned I may be terminated.
I have worked for this company for over a decade. Every employee out more than 180 days has been terminated.

I believe this is allowed by law in the state I live in. If someone could tell me if I get terminated do my WC benefits end? Yes I got an atty. Shortly after my injury my employer got pushy about trying to get me back to work.

Questioned the neuros work restriction and if I really felt that bad.

lefthanded · 08-02-2012, 12:53 AM

Quote:

Originally Posted by rmschaver

I have been injured at work and am getting concerned I may be terminated.
I have worked for this company for over a decade. Every employee out more than 180 days has been terminated.

I believe this is allowed by law in the state I live in. If someone could tell me if I get terminated do my WC benefits end? Yes I got an atty. Shortly after my injury my employer got pushy about trying to get me back to work.

Questioned the neuros work restriction and if I really felt that bad.

I am afraid this is a good question for your attorney, as he/she would know how the laws of your state handle this.

rmschaver · 08-04-2012, 09:30 AM

I mentioned it and the reply was do I have short term or long term disability. I guess that answers my question in a indirect way. I had to go to work and arrange for my health insurance to be paid. When I asked the HR person if it was company policy to terminate at 180 days I got a evasive answer. I think it is BS but the law is the law and I am taking 1 day at a time.

Jo*mar · 08-04-2012, 11:18 AM

[If someone could tell me if I get terminated do my WC benefits end? ]

Generally not, I think once a claim is opened it does not matter if you are still employed or not.
*Unless you get fired for a reason and the claim was found to be fraudulent.
Every state's wc rules are different.

I suppose some of it depends on the employer size, and their rules too.

rmschaver · 08-05-2012, 03:09 AM

About 3000 workers.

painman2009 · 08-07-2012, 12:04 AM

Hey.. I believe as long as your injury is valid and work related, and ongoing your benefits will continue. as far as your job .. i only really know NY comp guide lines for that. and even then there are many levels in which your job can press the matter. I suggest if you are not getting straight and clear answers try calling the State Workers Compensation Board. the number would be on any hearing paper work you have received. Also I know here in NY after a certain amount of time we must apply for state disability. as well as medicare and medicaid.. it would probably be best to find out what is expected of you .. good luck

alt1268 · 08-15-2012, 05:38 PM

If your disability does not effect the way your job is performed or another person with the condition was given a lighter job to do then it is also discrimation and you should file with the eeoc.

rmschaver · 08-16-2012, 10:37 AM

The disability side is still arguable. Mentally I can not bring the various skill sets together like I used to. I.E. computers, the OS's on them, networking, proprietary software, electrical theory in its various aspects, logic, programmable logic controllers, software for those plc's, digital principals, controllers. Most any stress mental, enviromental, physical, emotional is still triggering horrendous headaches. Not to mention the back pain, unsteadiness, memory issues, tremors. If I am terminated and I reach MMI what do I tell my next employer??? I guess in short I could not get a straight answer from my employer but that is why I retained a lawyer.

anne523 · 08-18-2012, 01:52 PM

I had the same questions. I and after 35yrs working for the same healthcare system, I was terminated. I was used the 90 WC leave, then applied for a personal LOA (which could be granted or not and my job could be filled ay any time during this LOA) and was given a 180 day. In the midst of all this I applied for accommodations with the ADA...and was denied by my former employer. When the personal LOA expired I was terminated. My attorney explained yes, they can do this...,but they I still have an open WC case and my former employer is still responsible. He also said at some point they may want to settle. This is in Michigan..don't know if all states are the same.

rmschaver · 08-23-2012, 02:47 PM

Possibly, I reside in VA. What I have been told is 12 weeks for FMLA. What ever that means. I just figure there is nothing I can do about it. I will cross that bridge if it comes. Still planning on getting back to work but I am at day 80. I still have a lot of unresolved symptoms and I am not really getting any answers.