Can someone get fired if injured at work?
My brother in law was injured at work last week. He installs alarms and while in the attic his knee was injured and was unable to move. He was removed from the attic on a ladder. It was so serious, the ambulance had to take him to the hospital. He was seen by a doctor who gave him a brace and some crutches and was scheduled for MRI today. After seeing the damage, doctor told him he needed a month’s rest. He contacted his boss, who sent him to the company doctor who said then said he was good to return this thursday. My brother in law is a hard worker and the last thing he needs is to loose his job. I feel he is being treated unfairly. What can he do? His job requires him to be going up and down ladders, crawl in tight spaces and drive-all of which he cannot do due to pain meds and injury to his right leg. Isn’t there a law that protects employees against this type of abuse? Is there a way to fight this? A company doctor will obviouly side with the company that he works for, but what about the hospital’s report and exams? I feel my brother in law is being intimidated by his manager and the company doctor. All he wants is to get better and return to work, and he feels less than a week’s rest is not enough to recuperate. How could two different doctors have two different points of view? Isn’t there a labor code or law that protects employees from this type of abuse?
My brother in law told me the company doctor told him he had to go back to work this thursday and that he they didn’t want him to wear the brace or use crutches unless he needed to. He told him he had just come back from the hospital, but the hospital doctor told him he could not do the MRI because his leg is too swolen and gave him a note he could not go back to work for a month. From looking at the injury, the hospital doctor told him he might need surgery. The company doctor said he’d be fine by thursday and that he could not take a month off. I advised him to go to work on thursday and tell them he cannot do his regular work and show them the hospital’s report. Can they lay him off just because the company doctor says he could go back to work?
Answer: There was a workers’ comp claim filed, right? Company doctors piss me off. Don’t know where you live, but in the State of CA, if the company doctor is not giving you the care you need, you can see your own doctor. Also, there is a form called the Predesignation of personal physician that you have on file with your employer BEFORE you get injured. Most employers don’t even tell you about this right.
It is illegal to fire a personal who has been injured on the job and filed a WC claim. It’s called retaliation. Your brother in law REALLY needs to get a workers’ comp attorney to help him get the care and benefits he’s entitled to.
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3 Responses to Can someone get fired if injured at work?
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If you are in the u.s, each state has workers comp laws.
If injury turns out to be serious with surgery coming, he better start checking into workman comp attorneys, company doctors are just that.
I was a commercial flooringinstaller for 23 yrs working on my knees, blew out right knee kicking carpet in an embassy in DC, 4 knee operations within 18 months, I did get a comp. lawyer, company and employees snubbed me, told to come back to work on light duty at front desk, they wouldnt give me anything to do, trying to get me to quit, (hell no), finally diagnosed with Prostate Cancer not long after, they gave me the bums rush real fast out the door, but…………with the comp lawyer I kept going, finally they settled with me and I retired.
Other than checking to see if he lives in a right to work state that contact OSHA and than Workmen’s Compensation. It idea is most work places do not want people collecting Compensation when injured at work but want them back even if it is on light work duty. Is both doctors he saw already specialist for this injury? Have him see another doctor but one that Specializes in the type of injury he has. Have him look for an Occupational Physician. They will be the ones who can recommend whether he go back to work or not. Has the employer ask for him to sign a waiver if he returns to work? Make sure he does not as any further injury and the employer is still liable. I will list several legal websites that can give you more info not this from attorneys.