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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Unhappy Injured at Work, Now in Process of Being Fired

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

    I work (worked) in a steel mill, we are required to wear PPE because of the risk of molten metal splashing and getting burned. The only areas exposed was burned which were my neck about the size of a nickel and one wrist smaller than a penny, both are minor burns. Original discipline giving by supervisor was 10 days off without pay which was grieved, after first step meeting with labor relations on fifth day got certified letter confirming a discharge. Union, supervisor, also myself was shocked by the decision, during second step meeting labor relations person said "I can't let me back because your a liability to the company now." Since my incident they have had six different incidents, all non-injuries but six included stopping production and damaging equipment. I believe any accident makes anyone an liability, if we all lived by that theory. This has too be some form of discrimination, just want to make money again....Please help!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,973

    Default Re: Injured at Work, Now in Process of Being Fired

    It can't hurt to consult with a workers comp attorney.

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Injured at Work, Now in Process of Being Fired

    Quote Quoting cbg
    View Post
    It can't hurt to consult with a workers comp attorney.
    Would workers comp attorney bother, I'm just trying to get back working along with my two months pay

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,973

    Default Re: Injured at Work, Now in Process of Being Fired

    That's what they're there for.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Injured at Work, Now in Process of Being Fired

    The employer cannot fire you in retaliation for filing a worker's comp claim.

    The employer can fire you for violating workplace safety rules and thereby creating a risk of injury to yourself and/or others.

    It sounds like we're talking about the latter, and that the union agrees with the outcome. That is, it sounds like the issue here is that you weren't wearing your required personal protection equipment, and would have avoided injury had you followed that workplace rule. Is that correct?

    You cannot recover wages from a disciplinary suspension through a worker's comp claim. It does not sound like you needed any appreciable time off of work for your actual injury.

  6. #6
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Injured at Work, Now in Process of Being Fired

    Sorry if you misunderstood, but I wear all safety gear assigned to me and at the time of the incident I had all required work PPE. Any one the understands the steel making industry, should know that the risk of getting burned is always there whether the injury minor or major,. Also workers comp was not filed was cleared to return to work an hour after incident. I just feel that its has to be something similar in Michigan to the California. "Labor code 132a"

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,973

    Default Re: Injured at Work, Now in Process of Being Fired

    Pick up the phone. Call a workers comp attorney, or two, or three. Describe your situation to him/her/them. See what they say.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Injured at Work, Now in Process of Being Fired

    Quote Quoting ICYUNV
    View Post
    Sorry if you misunderstood, but I wear all safety gear assigned to me and at the time of the incident I had all required work PPE. Any one the understands the steel making industry, should know that the risk of getting burned is always there whether the injury minor or major,. Also workers comp was not filed was cleared to return to work an hour after incident. I just feel that its has to be something similar in Michigan to the California. "Labor code 132a"
    As I previously stated, worker's compensation laws protect you from being terminated in retaliation for making a worker's comp claim. You've provided absolutely no evidence of retaliation. You have instead indicated that you were fired for violating workplace rules - and worker's comp doesn't prevent that.

    Stop playing games, and simply tell us the safety rules you violated that resulted in your being terminated (with your union agreeing that your termination was an appropriate outcome).

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