I was injured at work and had to leave work to go to the doctor. I went to the doctor and she told me I couldn't go back to work for a week. After the week was up, I called my boss and asked if I could come back to work. He will not return my calls and I’ve called the union to tell them he won’t call and they said they’d see what they could do but they haven’t called back either. It’s been a month. I haven’t been fired but they won’t call me in for work. What can I do?
Did you file a Worker's Compensation claim or at least notify you employer. You have to do this. Also you need a lawyer that specializes in Worker's Compensation. You will never get what you deserve and are entitled to without one. They work on contingency. See who answers this, and if no one, start calling the worker compensation attorneys on avvo.com near where you live. Also if you are able to work now, you need to call the unemployment commission now and tell them the story. You have been constructively terminated. You are entitled to benefits.
You can contact us here at avvo.com using Messenger. You have to call us first we cannot make first contact.
I am licensed to practice law only in Pennsylvania and New Jersey. My phone number is 215.439.7781. Therefore, my knowledge is based primarily on law in those two states and Federal legal concepts. My answering your question is offered only as a free courtesy to provide you with general non-specific information. It is intended to help you when you seek and find a local attorney licensed in your state. This answer does NOT create a client-attorney relationship nor create any expectation of confidentiality or privacy concerning your public post. My answer is based only on the limited facts/information that you have presented in your post. For any lawyer to give you full and reliable advice, would require at the least, full one-on-one dialogue(s) with questions and answers being exchanged and any evidence being presented. Online readers should not act upon this information without seeking professional advice from an attorney licensed in your state regarding the particular facts and circumstances of each matter. Before taking any action or deciding to take no action, I recommend that you consult with a local attorney(s) of your choosing; either private or with a non-profit organization that helps individuals without the means for hiring a private attorney. Good luck in your search to find a legal solution to your situation.
Mr. Powell is correct, you should schedule a consultation with a certified specialist workers' compensation lawyer right away. The interplay with your employer, with the union, and with the workers' compensation insurance carrier can be tricky and a lawyer will only be able to give you good advice after a thorough consultation. If your employer has been properly notified of the claim you may be entitled to seek penalties for the insurance company's failure to accept or deny the claim and failure to start paying benefits. The consultation will be free so don't delay.
Attorney Wolf is licensed to practice law in Pennsylvania only. He is Certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court. A response from Attorney Wolf cannot constitute legal advice and does not create an attorney-client relationship.
I also think you should speak with an experienced employment lawyer. We frequently find that our Workers’ Compensation clients have more than just a Worker’s Compensation claim. Based in the facts you have provided, it sounds to me like you may be a victim of disability discrimination and Workers’Compensation retaliation. most employment lawyers would be more than happy to provide you with a free evaluation of your case. Keep in mind that lawyers on auto.com are not permitted to reach out to you directly unless you reach out to them first.
Eric A. Shore
Law Offices of Eric A. Shore
Employment, Disability and Injury
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.
If does sound as if you will have a WC claim. It will be especially helpful that you had restrictions when you were removed and not returned to work. Talk to a WC attorney, these cases are contingent and most will talk openly about your claim and will not charge you unless you win or settle. That will help you understand the value and limitations of what you have with the claim.
Mr. Brennan is licensed to practice law only in Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise. Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is based upon the limited facts provided. To the extent additional or different facts exist, the response could change.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline