Question:

Injured at work terminated can i collect workman comp?

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was allowed to work light duty then terminared

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5 ANSWERS


  1. You can file a WC claim for your injury.  WC has nothing to do with the termination issue.


  2. Every state has different laws. I know anyone can be terminated from a job even if you have been hurt. Did you file an injury report with your employer. If not, you need to do that right away. Most of the time you must be seen by their doctor, at least for the first 30 days (again this may vary by state). I would go speak with a W-comp attorney (get some referrals from people you know-ask everybody).  If you didn't file a report he can advise you on the next step. If nothing else you should be able to draw unemployment or state disability until you get your w-comp case confirmed.

  3. It is against the law to terminate someone who has been injured IF! you were given workmans comp in the first place.

    You can fight this.

  4. If you where injured at work than you or the company that you worked for should file for a work comp claim. If they provided you light duty than you are entitled to lost time benefits.  If you where terminated for violating a company policy such has sexual harrasement or stealing you still might be entitled to work comp benefits.  However depending on state rules and regulations if the company you used to work for could still provide the job to you even though you where terminated than you might only get your partial hours paid versus the whole hours paid.

    Basically you are entitled to work comp benefits until your doctor releases you back to full duty w/o any restrictions.  Beware though, if your doctor agrees with the adjuster that you can return to light duty, (such as reading a safety manual for 8 hours) had you not been terminated you could be stuck w/o any money.

  5. Terminated for what?  Workers comp should pay you the difference between light duty pay and regular pay, until the doctor says you're able to return to regular work.  At that time, you should file for unemployment benefits, and start looking for a new job.

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