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asked not to file work comp/fired

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wisaca

Guest
What is the name of your state?WI
I need help with a problem, please no nasty comments. I worked for an airline and a desk fell on my leg. It was witnessed by seven people. I was asked by my supervisor not to file workers comp, something about points, she told me to go on FMLA. Which I did. I went on intermittent. Due to the injury I had to have my knee replaced. I was out of fmla and they told me to go on LOA. I filed the paperwork well over a month before the surgery, but did not get the approval, my supervisor advised me it was approved. I had major complications during the surgery. After I got out of the hospital my supervisor called me and said that my LOA was not approved and due to operational needs my job was being terminated. Which is not so, there are never enough agents to do the job. I did file an accident report, but when they sent me my files, my copy and copies of FMLA were not there. The witnesses are willing to go to court but ask that I call them as hostile so they dont lose their jobs. I have a big chance of loosing my leg and the pain is unbearable, but I still would have been able to do my job. It does not require me to stand. What are my rights and do I have a leg to stand on (haha) so to speak. Oh also, my doctors are willing to send a letter stating I went to them due to desk falling on my leg with dates and diagnosis
 


Beth3

Senior Member
Wisconsin has it's own version of the FMLA but it only requires that your employer extend two weeks of medical leave to you and even that runs concurrent with the federal FMLA, which is twelve weeks. The bottom line is that absent an employment contract to the contrary, they could lawfully terminate your employment after 12 weeks.

What we don't know is whether company policy dictated more medical leave was available to you and if so, on what basis you were denied.

You can certainly try to pursue this as a WC claim but I can only guess that on the various forms you filled out at the doctor's office and for disability benefits you checked "no" when asked if your injuries were work related. Frankly, your WC situation at this point is such a mess I can only suggest you consult with a WC attorney for an expert opinion.
 

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