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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Wrongful Termination and Work Injuries

    My question involves labor and employment law for the state of: FLORIDA

    Hi all first post,

    I want to walk through a scenario about a case with you all involving a wrongful termination case and how it goes through different stages and steps.

    Ok, a worker is hurt on the job (Florida) asks manager if there is any paperwork to take to doctor for workers comp, manager spends the next 5 minutes telling the hurt worker that WC (workers comp) is not usually for the injury that the worker suffered and may not qualify for WC. Injured worker finally states that either way he is going to go see a doctor for his injury if they give him paperwork or not.

    Manager takes injured worker into office of Office Manager where for another 5 to 10 minutes she also states that it may not qualify for WC and that she also has the same pain sometimes and maybe the injured worker just needs to walk it off where the injured worker states again to the office manager that either way he was going to see the doc and that he is more concerned with the doc's opinion of his injury than her's.

    The two managers ask the injured worker to step outside for the manager's to talk amongst themselves, and after around another 5 minutes the first manager finally comes out with paperwork to take to the local health center the same day, after leaving the health center the injured worker calls employer to inform of the doctor putting him on 3 days modified light duty and at what time they wanted him to come in the next day to where he is told to not bother coming in and just stay home for the 3 days.

    Injured worker returned back to doc's office after 3 days and put on a trial period of 5 to 7 days of normal duty, injured worker calls employer to inform of the trial period of normal duty where he is told that he will get a call back later in the day with when to come in for work. Injured worker finally recieves a call back around 8 hours later to come in the next day at 8:00 am.

    Injured worker arrives at work at 7:45 and while handing the dispatcher on duty paperwork from doc is asked to come into breakroom where dispatcher and relitively new dispatcher gives notice that "things aren't working out" and worker is terminated.

    Let's say worker is now represented for both WC claim and Wrongful Termination case, what should the now former worker expect from this point on out when it comes to this process.

    Feel free to ask any clarification questions on the scenario.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Wrongful Termination Scenario

    Inured worker just needs to speak to his attorney about the process - which is a lenghty one in both cases. Years.

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