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+--- Thread: fierd (/showthread.php?tid=8734)
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fierd - donna frost - 10-18-2009 09:39 AM
Does anyone know can the employer fire while uare still working but on light duty? Also what mileage do they have to pay?
RE: fierd - Still in Limbo - 10-18-2009 09:47 AM
Your Question is Very Vague, but I'll Try. If You are Driving back and Forth to Work, They Owe You no Mileage. And as Far as Getting Fired while on Light Duty, You would have to give Us the State You were Injured in, and the Reason the Employer Fired You! If You could Help Us with More Info., I'm Sure Someone will be able to Help with Yours! Have a Great Day!!
RE: fierd - 1171 - 10-18-2009 10:49 AM
yes you can be fired while on light duty. having a comp claim does not give a worker immunity from termination.
mileage rates and comp laws are different in each state.
RE: fierd - Tuffy - 10-18-2009 11:16 AM
Your job can only be protected if you are /were on FMLA and that is only for 12 weeks and is a federal law ( if you qualified for it.)
If you are back to work even Light Duty, You have no protection, and can be terminated....... Sorry. Now if you feel that you were terminated because you filed a WC claim, that is another story, and is illegal.
RE: fierd - donna frost - 10-18-2009 09:27 PM
[quote=Tuffy]
Your job can only be protected if you are /were on FMLA and that is only for 12 weeks and is a federal law ( if you qualified for it.)
If you are back to work even Light Duty, You have no protection, and can be termthey did , I got hurt inated....... Sorry. Now if you feel that you were terminated because you filed a WC claim, that is another story, and is illegal.
[/quondte] This is what happened, I got hurt did not see the doctor,
for nine days. Inever missed a day of work, went to the doctor he
put me on light duty, still never missed work. My employer pulled my app and I failed to disclose that I had carpal tunnel, mind u this was back in 1988 please! So they fired me, by the way I reside in ILL.
RE: fierd - donna frost - 10-18-2009 09:37 PM
1171 Wrote:yes you can be fired while on light duty. having a comp claim does not give a worker immunity from termination.I live in I, Illinois, Ihurt my right arm reported it like I was suppose to. They would not let me go to the company doc.
mileage rates and comp laws are different in each state.
When I went I had worked a twelve hr shift got off had to drive
another 35 miles to get to the doctor , then waited two hrs to see him. After the appointment had 60 miles to drive home. got home at 12:30 then had to be up and back out the door at 5:30 to go to
work. My employer Then called me to hr after I clocked out and
they prroceeded to tell me I didnot disclose on my application for
employment that I had Carpal tunnel surgury back in 1988, now
mind u not only is that 21 yrs ago, My injury had nothing to do
with that, I have soft tiisue damage, I am not over this yet.
RE: fierd - Bad Boy Bad Boy - 10-18-2009 10:06 PM
No Mileage paid, unless the insurance carrier sends you to an IME doctor.
Can the employer fire you will on light duty? yes they can, and they do need a reason to do this. Since I don't know what your application for employment looks like, it makes it hard for me to state information that the Labor Board would have to say, or even the EEOC in Illinois.
But, to better serve, I will say, you should call both the Labor Board, and EEOC monday morning. You will get answers to this labor question right away from them. If either Board thinks you have a case, they will tell you so, and you then go in and file a complaint against the employer. Now this is a very slow process when doing it on your own. But here is a clue, if they say you have a case, then go out and find a good Labor Attorney. The process is speed up like you would never believe. I did mine on my own, and it took almost a full year or longer, but, I did win a right to sue letter.
http://www.eeoc.gov/chicago/area.html
http://www.state.il.us/ilrb/
But, please keep in mind, even though you been injured on the job, that workmens compensation issue should still take place, and medical care given. After 14 days off work, the Insurance Carrier should start sending you TTD checks, which is 66 & 2/3rd's your scale take home pay.
May I ask what kind of injury, and how it is affecting you?
You have 2 things going on at this time, and 2 completely different set of Laws going. You need to sort them out, and take what ever measures you need too from there.
This is a work Comp site.
I am from Illinois also. Need more ask away.
RE: fierd - Bernie57 - 10-22-2009 09:48 PM
In June 2005, when I got injured I was told that I had one year to
date to return to work or the Co. located in Alanta, GA, would terminate my employment. They said, we signed a paper agreeing to this when first hired. And every employee in the orange box was under the same 365 day rule. I think what done me in was the surgery being done in 10 months with complications. There was no way I could heal and be back to work in 2 months. Is this a company rule or a state one. NYS; Thanks Bernie::
RE: fierd - Bad Boy Bad Boy - 10-23-2009 03:10 PM
Bernie, it is either a company policy, or Union contract. It isn't State..
RE: fierd - Manley2 - 10-23-2009 03:59 PM
EEOC said I had a case but they were too busy to do anything more with and I should hire a lawyer to get something done