work benefits

[jcardwell]

What is the name of your state (only U.S. law)? ohio..My wife was hurt on the job in jan of 2005 where a wall fell on her and broke some bones in her neck..The doctor for her company said she could go back to work and two other doctors said she was not able to go back to work...so when she ask about her job..General Manager of OLD NAVY ,they said her job was no longer available..so she went to collect unemployment and they said she didnt work for the past 2 yrs she could not receive compensation..if she was off hurt how can they hold that against her ?

 

[cbg]

Even if she was hurt at work the law does not require her employer to hold her job indefinitely.

As far as UI is concerned, UI is not a needs-based program. It is available to those who qualify, and one of the qualifications is that you have worked sufficient hours in the five quarters IMMEDIATELY preceding your claim to meet the financial requirements. There are no exceptions or exemptions for people who were not working because of injury, regardless of whether the injury was work-related or not.

 

[ecmst12]

She should have consulted a lawyer for her WC claim a long, LONG time ago. It may be too late now.

 

[steelworker34]

She should have consulted a lawyer for her WC claim a long, LONG time ago. It may be too late now.

What would a lawyer have done? I was always under the impression that one of the benefits of WC (for both the employer and employee) was the fact that no lawyers were necessary.

 

[mlane58]

What would a lawyer have done? I was always under the impression that one of the benefits of WC (for both the employer and employee) was the fact that no lawyers were necessary.

I don't know where you heard that, but attorneys have always been neccessary to ensure the employee recieves the medical treatment and monetary settlement they are entitled to based on your state law.

 

[JaxysNan]

I don't know where you heard that, but attorneys have always been neccessary to ensure the employee recieves the medical treatment and monetary settlement they are entitled to based on your state law.

I wouldn't say attorneys are ALWAYS neccessary. There are many cases that are settled fairly without attorneys. I know most attorneys want people to believe they cannot get fair tx without them but that is not ALWAYS neccesary. That said there are many times that they are needed. When things are not going right. You feel you have been treated unfairly etc...

In this case it sounds like she may have needed an attorney but there really isn't enough info in this post to make that determination. Was your wife put off work by an authorized WC physician? Did she recieve pay while off? What was the reason for the termination?