Worker Claims Injury and Cannot Perform Job Duties

[Mae12]

My question involves an injury that occurred in the state of: Virginia

Two days ago a friend hired someone to work on her farm. On his second day he could not lift his foot and went to see a doctor. She reported the injury to her worker's comp insurance. Right now he can't lift his foot, so he cannot work. She does not have any other job for him. Can she let him go?

If the injury is from his work, her issue is not taking care of his medical bills. She just need someone in the job who can do the job.

FMLA does not apply due to company size and his time with the company.

[greentree]

yes she can hire a replacement employee.
having a work injury does not make an employee immune from termination.

[cbg]

She cannot fire someone BECAUSE they filed a workers comp claim.

She can fire someone BECAUSE they are unavailable for work.

Let me ask a question. How many employees does she have overall and how long does the employee's doctor anticipate him being unable to work?

[Mae12]

On average 60 but not at the same. Many are seasonal.

At this time the doctor's have no idea what is wrong so they aren't sure how long he will be unable to perform the duties of his job.