Can you be fired for having a work related injury?

2019-05-05 11:26 pm
My friend, let s call her Sara, works for a company where she delivers goods to other businesses. She has a company car that she drives. One day, she was in a turning lane going back to her job waiting on the light to change so she could turn. Apparently a guy going the opposite direction came into her turning lane going 50+MPH trying to speed passed traffic slammed into her head on. All of her co-workers witnessed what happened and ran outside to help her. She was injured really badly, her back is torn up and she has a broken leg. She left early the same day to go to the doctor but her boss told her she couldn t leave. She came back to the job the same day to give them a note saying she wasn t able to work until she was healed. They threatened to fire her over it. I informed her that she needs to get a lawyer, because isn t that illegal? I didn t think you could be fired for having a workplace injury

回答 (11)

2019-05-06 4:28 am
Someone is FLAT OUT LYING. If she was involved in a head on collision with the combined speed of the vehicles being at least 50 mph, she wouldn't leave work early to seek medical attention. She wouldn't have returned to work AT ALL that day.
In addition, under your scenario, she would NOT have been fired for being injured. She would have been fired for walking out during her shift. That is an ENTIRELY different legal issue.
2019-05-05 11:36 pm
The Family Medical Leave Act guarantees certain workers 12 weeks of unpaid sick leave and they can't be fired.
2019-05-05 11:29 pm
Illegal. An employer cannot fire anyone while they are out on sick leave, BUT that does not prevent him from doing the firing the minute the employee returns to work.
2019-05-06 4:54 am
Her back was torn up and leg broken yet she went to work and not to the hospitable, now stop and think for a moment. Yes your not too smart.
2019-05-05 11:45 pm
The company's claim will be that she can no longer do the work. However, since the injury happened while on the job, she is entitled to workmen's compensation and the associated injury relief provisions that go with that. She may also be eligible for unemployment after that [after her recovery is complete].

Sara needs to file a workmen's compensation claim ASAP. She may also need an attorney to begin the process of suing the other driver
2019-05-05 11:42 pm
You can't be fired for a work related injury, in my country. It's illegal
2019-05-05 11:34 pm
It's worker's comp.

You can be fired for not showing up to work, but not for a worker's comp issue.
2019-05-05 11:33 pm
She needs a lawyer anyway, in order to make sure she is covered for all of her injuries, and for her employment. She needs to have a professional defend her rights while she navigates the medical system, and make sure her employer fulfills the requirement to give her adaptive employment when she is in fact able to work.

they will do everything they can to get rid of her, and to not pay as much as her injuries likely will require for treatment and full rehabilitation. She needs to follow their every rule, but also get herself a personal injury lawyer who will help her do that. There are laws in place to protect people,but it is very easy to disobey an employer directly, in which case they could claim to have fired her for insubordination instead. Tell her to be very very careful, and get herself legal help immediately.
2019-05-05 11:48 pm
She cannot be fired if she got injured on the job and goes to the doctor to get evaluated. Federal laws prevents a company from firing an employee that was injured on the job. Does the company expect her to work with a broken back when she was injured working for them.

The best for her is to hire an attorney who specializes in job related injury so she knows what rights she has.
2019-05-05 11:29 pm
they 'laid-me-off' on Christmas eve after a boss 'accidentally' drove a truck up the back of my right leg ...........Legal in OHIO .................
2019-05-05 11:27 pm
Depends on the state.

收錄日期: 2021-04-24 07:34:05
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20190505152607AAUVjL3

檢視 Wayback Machine 備份