I Iive in Oklahoma got hurt on the job the company fired me. Can I be fired while on workman comp?

Asked over 2 years ago - Duncan, OK

I'm on temporary total disability due to the accident.

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Common mistake. You can be fired while ON Workers' Compensation benefits. I mean, you cannot burn the place down or slap your boss while expecting keep your job. You just cannot be fired BECAUSE you filed for Workers' Compensation benefits.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.
  2. David C Leard

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I cannot say for sure under Oklahoma workers comp law, since I practice in Connecticut. However, if you were in Connecticut,it is possible that your employer could terminate you; there is no CT workers' comp law that requires an employer to keep an injured worker's job open.
    However, there are many other employment laws that may apply, and your firing may have been a violation of one of these other laws. You should consult any attorney who handles employment discrimination claims in order to know your full rights and options.

  3. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I am a California attorney and not eligible to give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. You should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

    Mr. Leard mentioned employment laws that may apply in your situation. He is correct!

    You may have rights under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Many on-the-job injuries meet the definition of "disability" under the ADA. If they do, you may be entitled to reasonable accommodation for your disability. This would require the employer to alter the way work is done so that you are able to perform the main parts of your job. Your rights under the ADA are separate from any rights you may have under workers' compensation.

    Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&pe....

    You may also have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). To be eligible under the FMLA, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the FMLA are separate from any rights you may have under workers' compensation.

    Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.avvo.com/pages/show?category_id=6&pe....

    Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,277 answers this week

3,140 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,277 answers this week

3,140 attorneys answering