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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default Worker Claims Injury and Cannot Perform Job Duties

    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.

  2. #2
    Join Date
    Sep 2011
    Posts
    274

    Default Re: Worker Claims Injury and Cannot Perform Job Duties

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

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,886

    Default Re: Worker Claims Injury and Cannot Perform Job Duties

    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?

  4. #4
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Worker Claims Injury and Cannot Perform Job Duties

    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.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,358

    Default Re: Worker Claims Injury and Cannot Perform Job Duties

    If the doctors cannot certify an injury, how is he considered an injured employee?
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Worker Claims Injury and Cannot Perform Job Duties

    I doubt that it would be wise to fire someone while they are on leave to a workmans comp injury. Your insurance should cover the costs of medical, loss of pay etc.

    And there is no need to fire the worker ... he's not working so he's not getting paid, right?

    Not wise to terminate is my opinion.

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