Fired while on worker Comp

[abe2141]

Ok so workerscomp doctor took me off work which was from feb 15 thru march 15 which is 30 days, They fired me on the 18 of Feb because I didn't show up to work when I took the Doctors excuse to them on the 15th of Feb what can I do or are they right

[AQA]

Welcome to the forum.

Are they right?? I don't think so. I don't think anyone should be fired because they got injured.

Unfortunately, it does happen and yes they can do it unless you are covered under the FMLA.

If your dr. has you off work due to an injury. You may be able to collect monitary benifits while the dr. has you off work. For more specific info.. You would need to let us know what state you are in.

[abe2141]

abe2141 Wrote:Ok so workerscomp doctor took me off work which was from feb 15 thru march 15 which is 30 days, They fired me on the 18 of Feb because I didn't show up to work when I took the Doctors excuse to them on the 15th of Feb what can I do or are they right

Ok I live in Texas and I got hurt at work and they took me to the doctor and he took me off work for one month and my company fired me for not showing up when they knew I had been taken off work

[AQA]

http://www.tdi.state.tx.us/wc/employee/b...s.html#ibs

[1171]

the answers depend on the situation.
does your employer have work comp insurance?
is your employer covered by Fmla?
those regulations provide some protection for employees.

[abe2141]

1171 Wrote:the answers depend on the situation.
does your employer have work comp insurance?
is your employer covered by Fmla?
those regulations provide some protection for employees.

Yes my company have workers comp and yes they have FMLA but they told I cant use it since I was injured on the job

[Tuffy]

You have been given some bad info. FMLA is a Federal Program, that protects the job of an injured worker for 12 weeks. FMLA and Workmans Comp can run together....

[Bad Boy Bad Boy]

Okay, so what I see here is an employment problem. Does the person wish their job back? if so, once that is answered I think we can put them in a better direction also.

[1171]

Your employer is incorrect (FMLA does not exclude workers comp injuries - it includes them)
put your request for FMLA in writing to your employer and keep a copy.
this will support any complaint/investigation that is made.
here is the FMLA site
(you can file a complaint with them and send relevant information to your employer)
http://www.dol.gov/whd/fmla/index.htm

you can also file a complaint with the Texas Dept of Insurance here
http://www.tdi.state.tx.us/consumer/complfrm.html
(send a copy to your employer.)

make sure you send in the claim form.

[Bad Boy Bad Boy]

1171, they been FIRED, how they going to do that now? They first need to get the FIRED changed in my opinion. But, maybe the employer will just say they made a mistake too...