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fired for getting injured

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stevelo38828

Junior Member
What is the name of your state? ms

Can I be fired for getting hurt when it is their fault? They said I was fired because of negligance. They say anything that you could avoid is your fault hence negligent. But can they fire you if you get hurt because of their negligance? And I was the only one fired 2 women got hurt both cost the store more money than I did and they still have their jobs. Is that legal especially since one cut her hand open with a razor blade and this was her second injury. She had to have shoulder surgery after the first injury. The other messed up her ankle using a piece of equipment that she wasn't qualified or licensed for and this was her second injury. And I was told by mgmt. that both of their injuries were considered neg. I got injured unloading a truck by hand. Which home office said was not our job. I had a safety team member tell us it was unsafe because it was leaning to the right but we had to do it anyway. Because the store manager was to cheap to get our equipment fixed. And all this is after I told the managers that this was unsafe. After I was fired the store manager told the group I worked with that I was negligent because I should have had someone push the pallet from behind or I should have jumped out of the way. Which you couldn't get behind the pallet to push and there was pallets of groceries on both side so I couldn't jump out of the way. But he said that's why I was negligent. And can he fire me and not them if they were both considered negligent? Oh and I forgot 1 more thing another woman got hurt picking up a tv then a couple months later she did the exact thing again. And this is after management told her not to be picking up anything like that again. And they fired her for it but here is the kicker they were made to rehire her (by home office) and not me. Sound a little like discrimination to me. Three women get hurt nothing happens to them one guy gets hurt and bam fired. Oh and the co-manager and a assistant over me was gonna write me a letter of recommendation but the store manager found out and told them if they did help me they would be severly punished.
 
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longneck

Member
yes, you can be fired for getting injured on the job. however, you are still elegible for workman's comp, and your employer can not use your termination as an excuse for not paying. if you haven't already, file a workman's comp claim for your injury.
 

Beth3

Senior Member
I have to disagree somewhat with longneck. Yes, an employee can be fired for violating a safety rule, committing an unsafe act, and so on. But an employee cannot be fired in retaliation for being injured/having a worker's comp claim and it appears that's exactly what occurred here. Your employer certainly is liable for all the medical expenses related your injury and you should also contact your State's Worker's Compensation Division and file a complaint for retaliatory discharge. You may find it helpful to seek the assistance of a worker's comp attorney.
 

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