Dismissed while out on work comp - Printable Version
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Dismissed while out on work comp - UndercovrAngel - 01-19-2011 01:05 AM
Okay, so I had a brain fart when this happened, but for some reason it hit me out of the blue this afternoon. I will try to make it short.
October 2007 - Jan 2008 used up my FMLA while healing from tarsal tunnel surgery (non work comp). Back to work full time and injured right shoulder, arm and elbow. Continued to work until August 28, 2008 when my WC Dr took me off of work as they weren't honoring my restrictions at work.
Having used up my FMLA earlier in the year, I was given a 30 day medical leave to try and get back to work. When WC Dr wouldn't release me, I was fired. I have the signed/dated letter that was sent to me by the HR head honcho, stating that they were letting me go as I could no longer work due to my injury.
I thought that it was illegal to fire someone because they are on work comp ??
On top of that, when I applied to get assistance with my Cobra (something that Obama had set up.. I don't know if it is in affect any longer) I was denied, as my employer stated that I quit. Which I never did.
I know that it is probably to late to do anything about this. But I am very curious about the way I was let go from my employer. It doesn't matter much any more..as I am now on SSDI, although WC is refusing any kind of treatment/diagnostics etc now as the IME states that my problems are caused by rheumatoid arthritis and not the injury now. Well duh numbnutz.. something is going to happen when there is no treatment of any kind for over 2 years after the original injury .. and then I was only given 6 sessions of pt. And my Dr clearly stated that the PT did more damage to my shoulder/arm than it helped. This treatment for life in TX is a joke.
RE: Dismissed while out on work comp - 1171 - 01-19-2011 02:35 AM
claiming a work injury does not give a worker immunity from termination.
without FMLA job protections, the employer is not required to keep a job open or create a new one.
comp law does prohibit discrimination against a worker for filing a claim.
you can file complaint with your comp board.
you can appeal the denial of benefits if you have medical opinion supporting a connection between your current condition and the injury.