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can I be fired under union and out on work related injury?
I hurt both hands at work. I have had surgery on one hand and will soon have it on the other. I am getting workman compensation and have an attorney for that because the agent was so nasty, I thought it best. I spoke with the union and they said to talk with my attorney but they said that is not there area of cases worked. My first surgery clearly shows I will not be able to use my hands in the same manner. What should I do about this, I feel like someone has just thrown me to the dogs. I would also like to mention that even though my bosses made it clear I was let go they have not sent anything in writing . They also will not answer any of my calls..
3 Answers
- michrLv 79 years agoFavorite Answer
if you are unable to work you may be terminated, being terminated has NO bearing on the WC process...
IF you are unable to go back to the same job as before your settlement will be increased due to that factor.
how the process works is:
you receive payments for lost wages while you are Temporarily totally disabled (TTD) you will be on TTD until the doctors decide you have reached maximum medical improvement (MMI) at that time the doctors will set your % of permanent partial disability (PPD) and that is how your settlement is set. the state has guidelines that determine how much your settlement is based on your weekly benefit amount times the total number of weeks allowed times the % of PPD......
your lawyers should be able to answer any question you have concerning this process and in fact you probably really screwed up hiring one because they are going to take part of your settlement for doing NOTHING, the entire process is covered by law, there is no longer any wiggle room as there was in the past. the insurance has to pay you as mandated by law, the state has guidelines for payment that must be followed...
- lcr000Lv 79 years ago
There is no law in any state that prevents anyone from being let go while on comp, your union may have an agreement with the employer that you can't but the union would have to file a grievance against the employer and go mediation or arbitration, a personal I.injury attorney is not a employment attorney, employment attorneys generally are paid up front win or lose, the state tells the employer how to handle your comp benefits and unless you have a permanent I.I.injury you will get next to nothing and the attorney gets a third of what you settle for.
- HDLv 79 years ago
it's legal for them to terminate you while out on workman's comp, in fact, after a certain amount of time, most companies do terminate an injured employee.