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RE: Workmans Comp... What can I do if I get let go at work because I can't do my job duties after hurting my back.

Gillette, WY |

I'm on workmans comp because of an injury to my back in November 2012. I'm still at my job doing what I can, but can't perform all of the duties that go with the tittle. Workmans comp is paying the medical bills. If I'm let go (it hasn't happened yet) will I lose my benefits for my medical. Plus its not going to be easy to find I new job while being treated for my back. Do I have any options? I can't be without a pay check.

The reason I say I haven't been let go yet is because my boss is looking to hire a new person into the sales team. We only have 2 spots, mine (sales manager) and my CSR... Both filled right now, with neither of us looking at quitting.

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Attorney answers 3

Posted

You can hire an Attorney to make sure that things go smoothly.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

Posted

Make sure that you consult a local attorney who is experienced in WC matters. There are many options including vocational rehabilitation (re-training) and wage differential (you get the difference between what you could earn before the injury and what you can earn after the injury. Make sure you hire an attorney who you will make the time to speak with you or have his staff answer questions. Good luck.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Posted

You need to consult WY attorney that concentrates in WC. Most attorneys offer free no obligation meeting so you can ask these questions.

In Illinos WC does not protect your job, as long as the employer has a 'legitimate business reason' for the termination. With that said, WC would have to continue TTD until you find other suitable work with or without retraining and then may owe wage differential if your new job pays less than former job. But your medical rights would not be affected by termination.

You might also talk to local attorney about a possible American with Disability Act claim if your employer terminates you because of your medical restrictions.

Please remember that all legal claims have time limits. If you miss a deadline your claim could be barred.

Good luck

Larry Alan Apfelbaum

Larry Alan Apfelbaum

Posted

Let me adding more comment. If you are let go and WC shuts off your checks, in ilinois you can apply for unemployment compensation as long as you are medically released to full or light duty.

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