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Was injured at work,filed workers comp, employer terminated me, do i have a case?

Thomasville, NC |

i am an nc resident the company i work(ed)for is based in fl, i am also a truck driver, i injured my back while on duty at work, filed a workers comp claim fl based, doctors had me out for a week. i went back to work after doctor said i was ok to drive again. drove for a week back was reinjured due to the driving was out another week. went back to doc for re evaluation. and referred me to an orthopedic doctor because back is still not right. my company then called me and terminated me due to this injury. did not offer me any accomodations i.e. office work etc.. when the doc clearly said i could return to work for light duty until back was healed just no driving because it makes my back worse. do ihave a case against my former employer? or what do i need to do.

Attorney Answers 4

Posted

You should give your facts to an Attorney. You may have insufficient time for FMLA, the company may not be large enough, you may be an Independent Contractor....there are many pieces missing.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Posted

You have a lot going on there...first and foremost is where the injury occurred and/or where you were hired as there may be a better jurisdiction for a workers' comp claim than Florida. For instance, in NC, General Statute 97-36 states that NC can have jurisdiction over a claim even if the injury occurred outside the state if the contract for employment was made in NC, if the employer's principle place of business is in NC or if your principle place of business is in NC. In addition, if the injury actually happened in NC, the jurisdiction should attach.

Since your claim is currently Florida based, I cannot advise you as I am not licensed to practice there and I don't have proper knowledge of Florida's laws.

I would suggest that you seek the advice of an attorney immediately.

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Posted

You do have a lot of issues going on. You should consult with a NC work comp lawyer to see whether you can file that claim in NC, which has work comp laws that are superior to Florida's. You may also want to talk to an employment lawyer in Florida about the firing. Good luck to you.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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Posted

I am sorry about your injury and the company's adverse reaction to your injury. More information is needed to fully answer your question. For example, you stated the company was based in Florida. In many situations, Florida law would govern your claim. However, if the company has a NC office or you worked out of a NC facility than NC law would likely govern.
In NC, a worker can be fired at any time for any reason or for no reason at all. However, a worker can not be fired for discretionary reason. There is a specific NC law that prohibits firing a worker in retaliation for filing a workers compensation case.
Mr. Bollinger is correct. There are situations where several states have concurrent jurisdiction of a workers compensation case. For example, if you were injured in Virginia, then Virginia, North Carolina and Florida may all have jurisdiction to hear you case. You would want to proceed in the state that offers you the best protection.
You need to have a consolation an attorney so that you can explain the details of your situation and obtain advice on how it would be best for you to proceed.

I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on this answer as specific legal advice for your particular situation. This answer does not form an attorney-client relationship. You should consult with an attorney to fully discuss your situation and to obtain advise about your legal rights and obligations.

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