QUESTION
If I was hurt on the job and had to have surgery and then they fired me, do I have a right to sue?
Asked on Dec 04th, 2012 on Labor and Employment - Indiana
More details to this question:
I work construction. I hurt my knee earlier this year (May) at work and was sent to the company doctor because my knee began to swell the next day and found out the cartilage was damaged as a result. I had to have knee surgery for the incident less than a month later. I have now been fired.
16 ANSWERS
You may have one or more claims but an attorney would need all of your information to be able to evaluate your situation.
Answered on Apr 11th, 2013 at 1:08 PM
Daniel P. Mitchell
This deals with employment law/worker's compensation. Outside my area.
Answered on Apr 11th, 2013 at 1:03 PM
Ronald A. Steinberg
You have a workers compensation case for the medical bills and lost wages. You MAY have a wrongful discharge case. Get a competent lawyer.
Answered on Dec 17th, 2012 at 3:49 AM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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You probably want to hire a workers comp lawyer. Also you may have a claim for workers comp retalation under Fla. Stat. 440.205.
Answered on Dec 07th, 2012 at 12:01 PM
Steven Lee Miller
They can't fire you for a work related injury. I would suggest speaking with an attorney in your area that handles* both* wrongful termination and workers compensation.
Answered on Dec 06th, 2012 at 3:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds suspect but need more details. Call an attorney now.
Answered on Dec 06th, 2012 at 2:58 AM
Well.... you have a right to file a claim against the employer and if you can prove you were fired because you filed a workers' compensation claim then a wrongful termination suit. But those are nearly impossible to prove. If fired and if a doctor has expressed that you need to be off of work you'll receive healing period benefits. Good luck and call if we can represent your interests.
Answered on Dec 06th, 2012 at 2:51 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you can't work do to an injury, you aren't fired. The employer can replace you. Whether you can request rehire when you are healthy depends on state law.
Answered on Dec 06th, 2012 at 2:33 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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They are not required to keep you if you are no longer able bodies. They cant fire you in retaliation but they can fire you if you cant do your job.
Answered on Dec 05th, 2012 at 4:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You can go to any doctor you want. If you can't do the job, they can let you go, but you are still covered for as long as the injury prevents you from working. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. If it comes to that, you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. You mention that you work construction. Depending on what state this happened in, and the manner in which the injury occurred (e.g., a fall from an elevated height, or failure to provide safety equipment) you may be able to pursue the owner of the project, so you should get a consultation from a personal injury lawyer in your area. Personal injury lawyers offer free consultations.
Answered on Dec 05th, 2012 at 4:20 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I need more facts to be able to answer. While you are out for workers compensation, your employer does not have to hold your job open. However, if the employer has the requisite number of employees (25 or 50, I would have to look it up), and you had worked there for a year, you have a right to 12 weeks Family Medical leave. Also, the employer cannot fire you in retaliation for filing a workers comp case. If you have the FMLA rights described above, or if the employer would not normally fire an employee for being out with similar surgery, you may have a case for violation of FMLA or Workers Comp Retaliation.
Answered on Dec 05th, 2012 at 2:31 PM
You are limited to your rights under W.comp. They may discharge you. That does not create a cause of action for wrongful discharge.
Answered on Dec 05th, 2012 at 2:30 PM
Employment Law Attorney serving Flint, MI
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Law Office of Gregory T. Gibbs
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You may have a right to sue but you need to speak with an attorney specializing in employment law. Under Michigan law, if an employee is discharged for exercising his right to file a workers compensation claim he has a right to sue for wrongful discharge. Moreover, if the employee can establish that he was fired because of his injury and his injury constitutes a protected disability under state or federal law which did not prevent the employee from working with or without a reasonable accommodation, then they can sue for wrongful discharge under the laws prohibiting disability discrimination. However, if your injury or disability prevents you from working with or without a reasonable accommodation and you were fired for that reason, then your employer has a legitimate defense to either suit.
Answered on Dec 05th, 2012 at 1:38 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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There is a statute which prohibits retaliatory discharge for bringing a worker's compensation claim.
Answered on Dec 05th, 2012 at 1:38 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The fact that you were hurt on the job does not necessarily mean that you have a claim for wrongful termination but you might. There is not sufficient information in your question to tell. Much will depend on the reason why your employer terminated you. I would urge you to speak to a plaintiff's side employment lawyer in your area as soon as possible, to see if you have a claim against your former employer.
Answered on Dec 05th, 2012 at 1:37 PM
You should contact the federal EEOC to see if you have the basis to file a complaint for unlawful termination while you were injured and possibly unable to work.
Answered on Dec 05th, 2012 at 1:34 PM