I got hurt on the job, now they "let me go"

[DiverDave]

I tore up my shoulder pretty good and had to have surgery.
I was told it was LEGAL to fire(let go) me.
I lost my insurance for my kids.
I dont get it, should I have lied when I got hurt? Kept it from them?
I am still getting disability payments, but they said they
will end on May 23rd.
What is a guy supposed to do?
I am angry and worried as hell...I still
cannot lift my arm up, forget about picking up something heavy.
I got a lawyer, and (I guess I'll have to sue them).
I cant understand how that can be legal, but it is in PA.
Through no fault of my own, I followed the rules about reporting my injury.

Well, I just have to wait and see I guess.

[Cooley Hurd]

1. PA Dept of Labor agrees with this?

I'd check with them.

[DiverDave]

17. It's the law here

I wouldnt think that was true, but I just got the letter
from my insurance company, NOTHING from my employer.
They dont even have the courtesy to tell me I lost my job.
Course they are in nebraska, that bastion of democratic values state.
It's funny, all the trucking company's bitch and moan about driver retention.
Then they treat drivers like shit.

[YellowRubberDuckie]

23. Most labor laws are federal. You might look into it.

Good on you for getting an attorney. Good luck, man.

[UnrepentantLiberal]

2. Good luck to you.

I hope it works out.

[Glimmer of Hope]

3. I hope your lawyer can help you. This isn't right.

[Justice wanted]

4. When I was sick last year The hospital's social service director --he was helping me get help to pay

for everything since I didn't have surgery-- said that my workplace cannot fire me for 2 months. I live and worked in PA.


Double check the rules.


Please keep us informed. Let me know how you are doing. Good luck. PM me if you need to talk to anyone.

[lunatica]

5. I hope you win

That's totally unfair and cruel and should be against the law.

[NNN0LHI]

6. Only way to prevent this kind of thing is to unionize

Workers compensation was set up and designed to protect the employer, not the employee.

Hate to be the bearer of bad news.

Good luck.

Don

[NickB79]

19. Ding ding ding! My first thought as well

The factory I work at is part of the Teamsters, and management doesn't dare fire someone as blatantly as this. If they want you gone, they have to really dig and work at it.

[DFW]

7. Fight this if you can!

I realize that PA is now Republican dominated, but if you have the strength, try to fight it. This doesn't
only happen in the States. When my wife got cancer 11 years ago, she was out of commission for 8 months.
He boss tried everything to get rid of her, mobbed her unmercifully for 11 years, but she stuck it out. German
law is a LOT more worker-friendly than most places in the USA, but there must be SOME recourse. GO TO THE
PRESS!!! Most employers HATE being shown to be assholes on page one of the local paper.

[wellstone dem]

8. Two things

Talk to a good Workers compensation lawyer.
Check out the Family and Medical leave act. If you never received official notice, you may still be eligible for full benefits under this act. Also may be entitled to more leave.

Good luck.

[TheMastersNemesis]

9. Worker's Compensation On Way To Being PRIVATIZED (PROFITIZED)!!! Thanks GOP

I worked at DOL for 24 years. What most workers do not realize is that many states are "work at will". That means that theoretically the employment contract or agreement can be severed by either party with NO REASON GIVEN. Even though it might be technically illegal to let someone go who is injured there is really no policing authority to stop wrongful termination. The only remedy seems to be a "civil action" where you find your own lawyer. With courts now dominated by pro business RW judges civil action success is doubtful

Department of Labor has been largely neutralized by budget cuts and infiltration of Bush appointees and employee salting by Bush during his 8 years in office. In fact Mitt Romney will likely push to shut down the Labor Department if he wins election. And the GOP will likely abolish the Fair Labor And Standards Act which set up labor standards in this country. They are serious about ending all labor laws that protect workers.

Workman's Compensation is one agency on the way to be "pofitized". In Colorado Workman's Compensation was partially privatized years ago when it was a state agency. Now business elements in Colorado are trying to completely privatize it. That means its operation would be contracted out to a corporation. Essentially what that means is that corporate doctors would be assessing injuries to workers.

It is common practice for American business to dump injured or older workers with health problems. Anymore I am not sure that it is illegal because "work at will" favors the employer. The GOP and business manta is that "if you don't like your working conditions where you are, you can quit and go to another employer. No one is stopping you."

[cap]

10. What about a suit based on disability under ADA?

Also, isn't his job safe for 3 months under FMLA?

Thanks for all your good posts. Keep at it!

Know what you mean by GOP messing up DOL. In VIrginia, they laid off workers who were processing unemployment comp when this recession started! Pure Evil.

[cap]

11. File for long term disability

Especially if you are still an employee. If you aren't, still file but you may need an attorney.

Go see a doctor and get it documented that you need long term disability.

[snooper2]

13. Why should he get on long term disability?

What if his shoulder is fine in 6 months (like it would be with most injuries)?

[DCKit]

14. Then the long-term disability ends. It's not a permanent thing, unless it's needed. nt

[Tommy_Carcetti]

12. A few questions:

1. Did you file a workers comp claim?
2. Did you take medical leave, and how long?
3. Did your employer approve your medical leave in advance?
4. How many people does your employer employ?
5. How long were you employed at that job?

If your lawyer isn't asking those questions already, he/she should be.

[DiverDave]

16. I have signed up a lawyer

And he thought they wouldnt fire me, sorta 50-50 he said.
I was told that I could "re-apply" but that I was considered a voluntary resignation.

I was told at the git that I would be out 4-6 months.
FMLA is a no go because I wasnt with the company for a year.
Of course they didnt even mention that when I got hurt.
I will receive benefits until May 23, but I guess there a company's that will advance cash based on
a future settlement, for a price, of course.

I just have to wait it out, I guess.
It REALLY sucks they can do this, it seems just so ...petty and mean, you know?
But, from what the lawyer say's, thats the way the game is played.
Some fucking game, eh?

I do have my tax returns coming, and I really dont have trouble getting a job.
18 years of truck driving and no tickets or accidents, they like records like that.
I got laid off my last job, go figure, all I want is a long term gig.
But I keep losing jobs, sigh.

Thanks for the kind words, it's much appreciated.

[Whiskeytide]

18. I'm an Alabama lawyer...

... but worker's compensation laws are pretty similar from state to state - except Louisiana. If you worked for the company as an employee and you were injured in the course of performing your work duties, you get comp benefits. That means something along the lines of 2/3 of your average weekly wage while a doctor has you off work, plus payment of all medical costs associated with treatment of the injury. Once you reach maximum medical improvement (as well as you're going to get), you would then be entitled to a lump sum based upon a calculation of your permanent disability.

As a truck driver, however, you may be considered an independent contractor rather than an employee. That changes everything. But just because they call you an independent contractor does not necessarily mean you are one. It has more to do with the nature of your relationship. You need a good lawyer. Good luck.

[DiverDave]

21. Nope, not an independent contractor

I am a regular employee.
I guess I HAVE to sue.
I just hope this doesnt dog me getting another job.

Thanks for your reply.

[Whiskeytide]

25. Well, remember the old lawyer saying...

... that free legal advice is worth what you pay for it. And keep in mind I don't do much w/c work.

But if you were an employee, and they meet the criteria for a qualifying employer in PA (a pretty low threshold in most states - usually having to do with the # of employees), then they usually have to provide benefits under the worker's comp system. Basically, you can only sue them for wages and medical expenses and a few other misc. things (no mental anguish, pain and suffering, etc...), but the trade off for you is that liability is very easy to establish (employer + employee + OTJ injury), and your lawyer may be able to file a quick motion to get wage benefits going.

The problem you may have? Some companies trim expenses when a recession is on, and sometimes the first thing to go is bothersome costs like w/c liability insurance. That means you might have a solid claim, but they don't have the means to pay it.

I genuinely hope it works out well for you.

[Liberal_in_LA]

15. kick

[tabasco]

20. Marry someone from a civilized country in Europe

and you'll be covered.

[DiverDave]

22. LOL thanks, but already married

thanks for the laugh.

[TheKentuckian]

24. Absolutely maddening, Dave.

Sending you all the good vibes I can muster.