statue of limitations

[kensin]

What is the name of your state? KS

I hurt my back on a Monday and saw a doctor on Wednesday who put me on no work until Friday. That Wednesday I called them and told them about the work restriction and was informed that I needed a letter and not to return until I had one. The fallowing Monday I was fired. Is there a statue of limitations even if there is a Work Comp case? The doctor’s note is in writing and was told to bring the note when I came back to work. I was fired for missing too many unauthorized days. Just asking?

 

[seniorjudge]

"... Is there a statue of limitations..."

Is there a statute of limitations on what?

 

[kensin]

Thank you, for your quick reply, are there limitations on how long I have to file a claim and If I can even file based on the facts that I was fired do to unauthorized number of absentees but had a doctor note excusing me for three days. I think they were tiring to get out of WC so they fired me.

 

[SuzieWahoozie]

You don't mention in your original post that you hurt your back at work - only that you hurt your back. However, since you are asking about a statute of limitations on WC, I'll assume you did hurt your back at work and understand that WC is only for work-related injuries. If you hurt yourself at home or somewhere unrelated to work, you cannot file a WC claim.

The limitations for filing a claim vary from state-to-state, but it seems unlikely anywhere that one week would exhaust a statute of limitations.

You can always file the claim and give it a try.

With that said, let me ask...did you tell your employer immediately when you hurt your back?

 

[kensin]

Yes, I hurt my back at work and I was on WC. My question is there a statue for how long I have to file a claim to being wrongfully terminated. I don’t think the employer has the right to fire some one under the pretence that they missed to many days of unauthorized leave while they have a doctor’s note to relieve them of work for those days. I have been on WC for over a year and would like to know if I had a right to file a claim of wrongful termination. My point would be for the future and how possible new employers would view the termination of said allegations to influence their decision on hiring me after this has all cleared. My WC lawyer has said that KS is a right to work state and that I had no merit to such a claim.

 

[seniorjudge]

"...My WC lawyer has said that KS is a right to work state and that I had no merit to such a claim...."

This has nothing to do with WC.

File the claim.

Let WC tell you if you have a claim or not.

 

[pattytx]

Well, your WC attorney may know Worker's Comp, but he doesn't know much about employment law if he/she doesn't know that "right to work" means that you are not required to join a union to work.

 

[SuzieWahoozie]

OK...I'm missing something. You have been off on WC for over a year and your employer terminated you for not returning to work? Were you released by ANY doctor to return? If so, then you should have returned to work.

Regardless, if you have been off for a year, it is probable that your employer cannot continue to keep you as an employee. If they would terminate anyone who was on any type of leave for a year, then they've violated no laws. They cannot treat you differently BECAUSE of your injury, but they can certainly treat you the way they treat others IN SPITE OF your injury.

If you want to file a claim for wrongful termination, which I advise against, since I see no case here, you have a WC attorney - let him get right on that for you! Seriously, you can file with your state's WC commission. The statute of limitations will vary by state, but yes, there will be a limitation - usually as little as 45 days all the way to 18 months.

Honestly, a doctor's note means nothing. If you were realeased to work you have to go back.

And, just for your information, the term "right to work" as patty indicated refers to union affiliation. The term your employer should have said was "at will," which means you can be terminated at any time for any reason or no reason, as long as it is non-discriminatory.

I am editing...I have reread your post, and it appears if I am understanding you correctly that they terminated you just days after you hurt yourself, so although you have been hurt and on WC for over a year, you were terminated soon after you hurt yourself? Is that correct? It doesn't really cahnge my answer, except to tell you that if you saw a doctor on Wednesday, you should have had the doctor fax a note to the employer advising them of your need to be off. Other than that, your employer is free to consider this unauthorized time - you were off for at least a week without giving them any detailed reason. And it appears to me, if you didn't see the doc until Wednesday, that you didn't report the injury immediately.

You did so many things wrong here that I can see.

I still believe you have no claim.

And just so you know...your ex-employer is free to tell prospective employers anything they want about why they terminated you, as long as it is true or representative of their honest opinion. So, if they want to tell people you were fired for unauthorized absences, they can. What they CANNOT do is mention any workers' compensation claims you made.