I severely hurt my back and now FIRED?

[JackMasonIII]

What is the name of your state (only U.S. law)? Penn

I severely hurt my back when I was being required to lift heavy boxes in the warehouse. My boss helped me file my claim for workers comp but now he says that I'm in jeperdy for losing my job. That his boss doesn't like people who get workers comp benefits because the company is cheap. If I'm fired can I claim unemployment? Can I claim my employer in court? It seems mightily unfair that I will be fired for hurting my back when my boss made me do it. How can I protect my self?

 

[commentator]

Are you working now? Have you been fully released by your doctor to return to work with maximum medical improvement? If you are back at work, do you have restrictions? What are the circumstances right now related to your worker's comp case?

If your employer were to fire you for having filed a workman's comp claim, you need to report this at once to OSHA. In fact, if you get fired for any reason very soon, I'd talk to OSHA, because they may be smart enough to pretend there's another reason they're terminating you.

Apart from the OSHA issue of retaliation, if you are terminated from the job, and you have been released by your doctor (even if you're released with restrictions) file at once for your unemployment benefits. DO NOT QUIT YOUR JOB, even if they ask you to do something that will hurt your back again or that you know you cannot do. In this case, respectfully explain to them that you cannot do this, and let them fire you.

When an employer fires you, in order to keep you from receiving unemployment benefits, he must prove he had a valid work related misconduct reason to terminate you.

If you have had more absences or tardinesses than the company policy allows, and you are absent or tardy without a doctor's excuse, this is considered misconduct. If you are caught stealing, attack a co worker, or violate a major company policy, this sort of thing is misconduct. Most of the time, they need to have documented warnings and written disciplinary process leading up to the termination.

So if this "cheap" dummy fires you as retaliation for filing a worker's comp claim, you cannot sue him for firing you, but you can file an OSHA complaint against the company, and you can file for and potentially receive unemployment benefits until you find another job.

In order to get unemployment benefits, you must, of course, be able, available and actively seeking other work. Do not tell the unemployment office that you can't work because of your back injury, or you will not be able to get your benefits, even if approved.

If you are actually terminated by this cheap company, you may want to talk to your state's department of vocational rehabilitation about retraining, finding a job that will not require a strong back.

 

[cbg]

This may seem like hair splitting, but it's important hair splitting.

It is illegal to terminate your employment BECAUSE you filed a workers comp claim. However, that does not mean that, having filed a workers comp claim, you are immune from termination. You can be fired if you exceed the maximum protected time off state or Federal law allows. Additionally, you can be fired for anything that an employee who has not filed a workers comp claim can be fired for.

You should also note that with limited exceptions, workers comp is state based, not Federally based, and therefore OSHA is not the correct agency to file a workers comp claim or complaint with. If there are safety issues which caused the accident in which you were injured, that would be an OSHA issue but the claim or any complaint of retaliation would be submitted to the state workers comp agency, not OSHA.

 

[commentator]

And this is the reason I try to avoid anything but my limited area of knowledge. Thanks for correction, cbg. You're exactly on the money, not OSHA, state Worker's Comp.

The thing I've always seen and find really amazing is that many employers, particularly some of the big box stores that have eaten all the other retail stores...will very soon come up with a reason to fire someone who has been injured on the job.

They demote, re-assign, aggrivate, change shifts, to an astonishing degree trying to get rid of the person, and then if all else fails, they fire. It seems to be a clearly understood if undocumented policy. You know, it's just not fair, and there should be a law!!! (Joke)

Of course, if the employee quits, that does them a favor, removes the concept of "retaliatory firing." Or if the employee gives them a good misconduct reason to fire, they are out of luck, regarding retaliation complaints, or unemployment.

 

[JackMasonIII]

Thanks! Can you give me a website that says what you are saying to me? I want to print this to show my boss. I want him to see that he's telling me illegal things. Is the law on the internet?

 

[leigh123]

Maybe you can start here:

PA Labor & Industry Internet

I would be careful showing your boss these threads until you have all your ducks lined up!

 

[commentator]

Agree wholeheartedly! Why would you go in and show him your newfound knowledge? Threaten him and you bet your biffy he'll fire you. Plus he'll have all this information about how to keep you from drawing unemployment or avoid a complaint. If he wants answers, let him do the postin' round here.

The most I'd do is say, if he mentions that firing your for filing a worker's comp claim again is, "You know, I think there is a law somewhere about retaliation firing." Then smile, and stop talking. Don't be dumb enough to pull out your paperwork and try to show him for the sake of argument.