Fired While On Workman's Comp

[confusedasusual]

I am in HR and deal with Workers Comp a lot. They were looking to fire you and used this as an excuse, but I am curious about the reason they gave. I would ask to see to some documentation on why you were being let go. Was it based on performance? Cut backs? Did you mess something up on the job? ALL companies HAVE to document why they are firing anyone because individuals can sue for wrongful termination. Did you sign anything to get a severance package? I would hold off on that until you have spoken with someone well versed in labor and employment law.

That said, prolonged abscences when an injury is not directly related to the ability to perform work (for example, you did not break your hand or suffer a head injury) are often viewed very negatively. If your employer provided you with some accommodation which allowed you to work from home, hopefully you have that in writing. Also, if a physician has given any kind of vague report about the ability to return to work or perform the functions of the job, that doesn't help your case. Review any medical documentation you have recieved very carefully.

PS-- I just re-read your posts and it sounds like this is a small business (I may be wrong) which likely means that they have no clue about the law, what they need to do to legitmately fire someone, and how to document their actions. If this is the case, you DEFINITELY should see an attorney. It will be worth it. SF has some great legal resources for you.

[Tallysmom]

Originally Posted by Think About It!

That's what wrong with this country. There is no work ethic anymore. If you work IT and have a sprained ankle...I'm sorry you can probably do your job.

I would say it more reflects your work ethic and that is why you got fired. Just throwing out a wild guess.

Sweetie, I'm the IT person for our business and the amount of time I'm on my hands and knees threading wires and heaving equipment to and fro and back and forth and up and down is way more than I am sitting on my "three letters" updating software.

I do it with a bad knee, and it gets ugly. And if I HAD worker's comp, I'd probably use it. But owners don't qualify.

And we have a very small business.

OP -- the only thing I know about being an employee is that California is at will state. Basically, anyone can get fired at any time for any thing.... or nothing at all. Definitely call a lawyer. I can't imagine that letting you go would negate their responsibility for worker's comp -- otherwise, all the employers would dump their WC employees, and they don't. You might not be able to double dip -- ie collect unemployment AND WC..... but a lawyer would know that....

And -- as my letter *O* is giving my a heck of a time, I now have to put on my IT hat and fix the keyboard....


Errrr.... Melted chocolate in between the keys.....

[ConfusedInCali]

Hi Confuse As Usual (we must be related - look at our names): He said to me "I was not a good fit and he's going to get someone in that is a good fit". He didn't give me Unemployment paperwork or anything. Just my check and a print out of my pay stub (they did their payroll through Quickbooks).

I took the first initials days off when the incident happened and two more days after that (September 28 and October 15). On October 15, I had another x-ray done and a doctor's note. For each appointment I went to, I came back with doctor notes (from the NP and PT). I provided them with all the paperwork I received from ER on the the day of the incident as well

Yes, it is a mom and pop operation. There were two employees prior to me that are no longer there and I'm curious as to why.

Oh, on 28 September the owner actually called my NP because he didn't believe I had a sprianed ankle. I am not sure what she told him, but she must have told him off.

I called an attorney in Walnut Creek. I am awaiting a call back.

[confusedasusual]

Originally Posted by Tallysmom

OP -- the only thing I know about being an employee is that California is at will state. Basically, anyone can get fired at any time for any thing.... or nothing at all. .

True, but there is a catch in any at-will employment state. Employers on the hook to document why they fired the person. Granted, they can give spurious reasons, but the point is that "nothing at all" doesn't actually hold true. That's grounds for an EEO complaint and most employers are smart enough to CYA rather than go up against the EEOC and pay out the you-know-what. This guy's ex-boss doesn't sound as though he knows what he is getting in to. Most people don't fight this stuff, so employers (especially small business owners) never get caught OR educated.

[lindaann1960]

I fractured my knee at my job. I was off a week from work, and my boss acted like that was a mortal sin. I am 52 years old and am not use to crutches. Plus the pain meds, crutches and work don't mix. I got workman's comp for that week and they are paying my doctor bills. But the mental abuse is terrible. What should I do. I dread going to work everyday. Note says, no lifting, no bending or squating. I even took a lower paying job (my choice, so they didn't have to pay me for a job I couldn't do). The mental abuse is worse than being hurt on the job

[Malloric]

Go back to your doctor and explain what's going on. If the employer can't work within the workers' comp restrictions, you go from partial to total temporary disability. Willing taking the lower paying job you very well may have shot yourself in the foot, however. That's beyond knowledge. By willingly taking a job that you can physically do within the restrictions you may have unintentionally bypassed that route to total temporary disability.

[Ruth4Truth]

Originally Posted by jrb724

? Are the doctor's sure it isn't more than a sprained ankle? Have you had an MRI?

This is what I'm wondering. Ordinarily, a sprained ankle isn't disabling, more than a couple of days, if that. Unless you're 50 years old, or something.

[Senno]

Old OP, so Im sure it's resolved now.

Originally Posted by lindaann1960

I fractured my knee at my job. I was off a week from work, and my boss acted like that was a mortal sin. I am 52 years old and am not use to crutches. Plus the pain meds, crutches and work don't mix. I got workman's comp for that week and they are paying my doctor bills. But the mental abuse is terrible. What should I do. I dread going to work everyday. Note says, no lifting, no bending or squating. I even took a lower paying job (my choice, so they didn't have to pay me for a job I couldn't do). The mental abuse is worse than being hurt on the job

Did you take a lower paying job with the same employer? If so they should be paying you 2/3rds of the wage loss to make up the difference.

Can't help ya with what you percieve to be mental abuse. You can always hire an attorney if you wish.

[Mack Knife]

Originally Posted by ConfusedInCali

Why are you saying that? I did not sprain my ankle on purpose nor am I enjoying having a sprained ankle.

What they are probably saying is that you had a sprained ankle, not an amputation. Betting you figured out how to go out to eat, get to the movies and do a lot of other things but work.

Did you see some accommodation at work to avoid activities that would let you work but not involve using the injured ankle much? I bet not, probably just decided to take a long time off.

They fired you? No kidding.

[Senno]

Originally Posted by Tallysmom

Sweetie, I'm the IT person for our business and the amount of time I'm on my hands and knees threading wires and heaving equipment to and fro and back and forth and up and down is way more than I am sitting on my "three letters" updating software.

I do it with a bad knee, and it gets ugly. And if I HAD worker's comp, I'd probably use it. But owners don't qualify.

And we have a very small business.

You can pick up a rider though for an additional cost.

As for "double dipping" it's fraud if that happens. Which would actually negate the whole claim here in CA. If you aren't being paid TTD by the work comp carrier you can file for SSDI with the state, and they will file a lien with the carrier to get paid back if the work comp carrier accepts the claim, basically.