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  1. #1
    Join Date
    Aug 2009
    Posts
    3

    Question Will I Get Fired for Workmans Comp

    My question involves workers compensation law for the state of: Florida


    I ask this question because I injured my neck and back at work and have been on Light duty for about 3 weeks now. My boss will only schedule me 10 hours a week even though there is plenty I can do on light duty. In June I had to miss 3 weeks because of having my appendix removed and had to use my sick and personal time to cover most of it.

    I have never had a discipline problem at work, Ive never been late, but the feeling I get from the place I work is that there getting ready to fire me for this injury. Is this right? Should I contact a lawyer? Im not sure what to do and Im lost. Any help would be appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,436

    Default Re: Will I Get Fired for Workmans Comp

    While you cannot be fired BECAUSE you filed a workers comp claim, filing a workers comp claim does not make you immune from firing either. You can be fired for exceeding the maximum time off protected by law, even if part of it is for a workers comp claim.

    To determine whether or not you have exceeded the maximum protected time available, please answer the following questions:

    1.) How many employees does your employer have within 75 miles of your location?

    2.) How long have you worked for this employer?

    3.) In last 12 months, have you worked a minimum of 1,250 hours?

    4.) You missed three weeks for this injury, and another three weeks in June. How much, if any, other time have you missed within the last 12 months?

    Oddly enough, no law requires an employer to provide you with light duty. Additionally, no law requires an employer to create a job for you within your restrictions.

  3. #3
    Join Date
    Aug 2009
    Posts
    3

    Default Re: Will I Get Fired for Workmans Comp

    1. Where a major corp. With many stores all over the country and there are several stores within a 75 mile radius.

    2. I started working there Dec. 2007

    3. As to how many hours ive worked in the last 12 months, I honestly couldnt say, but I do work a min of 40 hours a week.

    4. Maybe 2 other days total missed besides those.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,436

    Default Re: Will I Get Fired for Workmans Comp

    That being the case, you are entitled to a minimum of 6 more weeks protected medical leave. You cannot be fired BECAUSE OF ABSENCES until that time has passed.

  5. #5
    Join Date
    Aug 2009
    Posts
    3

    Default Re: Will I Get Fired for Workmans Comp

    Is that 6 weeks on workmans comp or does that include my Appendix surgery?

    Thank you for your help. It really does mean alot.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,436

    Default Re: Will I Get Fired for Workmans Comp

    You are entitled to a total of 12 weeks protected medical leave. You have taken three for your workers comp claim and three for your appendectomy. You are entitled by law to no more than six weeks more, regardless of what medical condition it is for.

    After that, unless there is a legally binding contract or CBA that specifically says otherwise, your employer may legally terminate your employment if you are unable to return to work.

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