Termed??

[franklin16]

What is the name of your state? New York
I am out on workers comp due to an accident at work. I am waiting for approval for neck surgery which an IME has already said I need. (actually 4 IME's said I need but the comp carrier keeps appealing). Quite by accident I found out my company terminated my employment at the begining of july. I was told by HR this was due to the fact that one of the IME's I saw stated in his opinion I would never be able to return to the work I was doing. My comp lawyer seemed to take this in stride which suprised me. I was under the assumption that while out on workers comp one could not be terminated. When I called back the company's HR division, I was told I was actually "retired". I am 50 yrs old! The only reason I have been out for a year is because the comp carrier continues to appeal every decidion the workers comp board makes. They now have been told they can not appeal the surgery decision ... so they simply are not deciding I guess!!! Can they terminate my employment with no notice to me?What is the name of your state?

[cbg]

You are incorrect if you believe that being on workers comp protects you from any and all termination. How long, total, have you been out of work?

[ecmst12]

Terminating employment doesn't mean that worker's comp isn't still obligated to cover the treatment of his injury though does it?

[cbg]

No, it doesn't. The employer is still responsible for any related expenses.

An employee cannot be fired BECAUSE they filed a workers comp claim, but that's a very far cry from not being able to term an employee who is on medical leave for a workers comp issue at all.

[franklin16]

Thank you cbg, I have been out since May '05. I just found yesterday that the surgery has been approved. I guess my question was I thought I needed to be notified as to why I was terminated in writing. (As a former manager in NYS, I had to do that will every associate).

[cbg]

No, that would have been a company policy requirement, not a legal requirement.