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Question: If the wc's doc send me back to work and I'm still in TERRIBLE pain. I'm fired in this "AT WILL" state, what's happens to my comp case ? This injury was sustained at their establishment.

Attorney Answers 6

  1. Best answer

    The short answer to your question is, nothing happens to your workers' compensation case. You still have it. I think the question you want answered is, with regard to your workers' compensation case, what are the consequences of them firing you. The answer to this question depends on other facts you have not given in your question, such as, (1) were you on work restrictions when the doctor sent you back to work; (2) were you under restrictions at the time you were fired; (3) did you return to work pursuant to a 240 job offer; (4) did your employer accommodate your restrictions (if you had any); (5) what is the reason you were given for your termination; (6) if the reason they gave you for your termination was unrelated to your work injury, do you think you were really fired because of your work injury; (7) if you think you were fired for your work injury, can you prove that you were (other than through your own belief); (8) have you looked for work since your termination? As you can see, there is much more information needed than you have provided to answer your question. If you would like to discuss this, please call me at 404-425-6235. Thanks and good luck.

  2. If you were fired because of your pain as a result of a work-related injury, the Employer should immediately start paying income benefits. You should speak with a workers' compensation attorney quickly. If you were fired for reasons unrelated to your injury, the situation is a little more complicated. Feel free to give me a call for a free consultation.


    B. Shawn Rhodes
    Powers and Rhodes,LLP

  3. We need a little more information to answer your question properly. Did the doctor send you back to work with restrictions? Then the company should make sure that you are not working outside of your restrictions, for example, not making you lift more than you can. If the doctor returned you to work without restrictions, the doctor is saying that you can do anything and you have a much more difficult situation. I would recommend that you get a second opinion from another doctor on the panel, to which you are entitled.

    Your company can fire you but you could be eligible for benefits depending on your restrictions. You may have to start looking immediately for a job. Return to work issues are very tricky in Worker's Compensation. I would highly recommend that you discuss this situation with an attorney.

    We are at 404-523-6100.

  4. I agree with Mr Friedman that it shoulld not affect your benfits

  5. I agree with my colleagues. Your comp case still remains.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  6. It should not affect your WC case.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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