[gettingirritated]

Try to make a long story short, I have been off work since 2004 with 3 herniated discs and DDD, after fighting WC and employer all this time, a 3 spinal fusion surgery was allowed in February. I have been receiving salary continuation from my employer all this time. Received a certified letter the day after the surgery was approved advising me that the salary continuation was ending and I needed to file C84 with WC. Okay, I understand that much. Also advised in this letter that my company group health benefits, dental & life were terminated with the company, that I needed to place them with my wife's employer or through COBRA and I needed to take care of child support and 401K issues. And they hoped I could get back to a "normal" style of living one day. Sweet. Called and faxed my attorney, takes forever to hear from him. Sounds like I was terminated? Can they do this? Well, okay, they can because they did, but is it legal? I mean, I do get sick from time to time besides my back injury and I am still an employee, can I be denied these benefits all other employees receive because I am on work comp? Thank you for any answers.

[RedT]

Without knowing the laws of your particular state I would guess that Yes, this is legal. An employer is under no obligation to hold a job position open indefinately even if you are injured.

The ADA only requires that they make reasonable accomodations to keep you employed, but it sounds like you have not been to work in 3 years.

FMLA only requires that you are given 12 weeks of leave for a serious injury.

Your Workers' comps should conpensate you for lost wages and there is usually an accomodation for nonpecuniary wages, like insurance coverage.