Got Fired After Work Injury and Ran Out of FMLA
I filed a work mans comp claim but it was denied because they argued I had a previous condition which isn’t true. I am in appeals now. I don’t understand how I could legally get fired when i was injured because someone left a cart in the middle of the isle and I fell over it. I had foot surgery last October and I only had 2 weeks left of FMLA. I am also upset because when they were firing me on the phone they had someone in the office as a witness. I told them that they have given me no choice but to file a work mans comp claim. I was trying to avoid that because I didn’t want to rock the boat so to speak because they were already laying people off. I did have an accident report on file. My HR director didn’t excuse the witness from her office and proceeded to read off personal medical information from a report my doctor had sent her. Isn’t that a HIPPA violation? I don’t know what my next step should be or am I just screwed out of my job and my privacy because I fell and was injured at work?
Answer: Glad you are appealing the WC claim. Did you know that just the act of filing a workers comp claim, regardless of whether or not it turns out to be a work injury, puts you in a protected class? It’s illegal to fire you or treat you differently because of it. It also sounds like a HIPPA violation. Dude, click here to find yourself a pre-screened employment law attorney in your area. Sounds to me like your work did everything wrong. In the meantime, download a copy of Work Laws Exposed to learn how to protect yourself in the future.
Find A Lawyer Are you dealing with discrimination, harassment, retaliation, work injuries, wrongful termination or other problems at work that you know are wrong and need them to stop? Click here to search LegalMatch. Act now to get a consultation with qualified employment law attorney in your area before it's too late to file a claim.
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