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About Margot RN BScN GNC
Expertise
Please feel free to ask anything, but the more specific you are, the easier it is for me. Please share as many details as you are comfortable doing. I do check my Emails daily Monday through Friday so you should receive an answer within 24 hours on most business days. Thanks.
Experience
I have 18 years experience as a Small Business Owner-Operator; I own a Nursing Agency so often deal with both employee and client injuries. I would be pleased to offer any assistance I can. If I can not answer your question I'll do my best to direct you to an appropriate resource. Thank you.
Experience in the area
20 years of Long Term Care and Community Nursing, specialising in Geriatrics, Gerontology and PalliativeCare.
Education/Credentials
Registered Nurse , Certified Gerontological Nurse, Bachelor of Science in Nursing
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You are here: Experts > Industry > Labor Safety > Worker`s Compensation > Can company fire you when on Workman Comp
Worker`s Compensation - Can company fire you when on Workman Comp
Expert: Margot RN BScN GNC - 8/27/2008
Question
I live in Georgia. After being in a head on collision in a company vehicle on May 2, 2008 while on the job I am currently on workman comp. The accident was caused by someone who had a seizure and literally crossed into my lane and hit me head on. My hand was broken and my ankle was crushed. I had surgery to reconstruct the heal. I am currently under a doctor's care and in theraphy. The doctor wrote on the last paper work I could do "light duty" not on feet more than 1-2 hours, no bending, no climbing, no swatting etc. I still have to walk with one crutch.
There is not "light duty"/desk job. My job required me to be able to do all the above so no light duty is available. I have been told I will be automatically terminated after 6 months unless I can perform my job with no restrictions. They do not want to continue paying benefits. Can they legally do this?
The accident was through no fault of mine and I have no control on how long it takes to heal.
Answer
Hi Barb and thanks for writing,
I am sorry to read about your work-related injury, it sounds like you’ve been through a lot. I would consult with a Labor Lawyer; I always recommend people at least consult with a lawyer experienced in WC cases, even if you don't want them involved in the negotiations just to protect yourself and make sure you're aware of all your rights.
When you look at settling, the things you'll want to consider are:
-lost wages during your time off,
-any expenses you incurred due to the injury (Physician visits, Chiropractors, Physio Therapists, Transportation to/from any of the above; Medical Supplies like bandages, braces, crutches, pain medication including pills and ointments; Fees for filling out forms for you or from the doctors); Postage and/or Fax expenses,
-any lost benefits (Vacation Days, Stat Holidays or Stat Pay, Medical-Dental coverage, etc),
-any costs you may incur upon return to work (time off or cost of making up any education or in-services you may have missed; any training you may need to do prior to returning to work),
-if you will be doing a Graduated Return to Work Program [most people do this if they've been off more than 30 days and/or need to have restricted duties (ie: lifting, hours of work, etc)] then Workers Comp [WC] should pay for the difference. A very common scenario is: if you normally work 8-hrs/day, 5-days/wk, you could return doing 4-hrs/day, 3-days/wk x 1 week; then 4-hrs/day, 5-days/wk x 2 weeks; then 6-hrs/day, 5 days/wk x 2 weeks; then 8-hrs/day, 5-days/wk IF TOLERATED and WC will pay the difference until you are working F/T hours again,
-Pain & Suffering (although this may be harder to prove and may be impossible to get without a lawyer – this is usually reserved for severe injuries where the employer can be proved to be liable).
Unfortunately Worker's Comp is like all other Insurance Companies - it is in THEIR best interest to drag things out as long as possible, and usually they hold most of the cards and have the laws on their side. Sadly, this can cost people their jobs, and sometimes their families due to the stress associated with lingering pain and other disabilities; the financial and/or emotional drain can be too much for some people. 60 Minutes did a show a few years back where large insurance company executives admitted there is an unwritten rule to deny most claims initially as they know a good percentage will just give up and not fight the claim.
It is important to be sure you do everything correctly during your claim period and you don't want to miss out on any payments you may be entitled to now or in the future, so I advise that you consult with a lawyer who does WCB cases and find out exactly what your options are, and what you need to do in your state to cover yourself (WCB regulations do vary state to state).
Dealing with WC is one of the most frustrating things we have to do, like most big insurance companies, their number one interest is guarding their own money. I always find it's best to do a little brown-nosing when talking to those people and ask "how can we make this a win-win for both of us and how would you like me to proceed" etc...
Laws do vary state to state, so I always advise people to go online and talk to WC Helpline about what their rights are so you're informed of what you are and are not entitled to with coverage. As for your employer laying you off during your com leave, the lawyer would have to look at local state laws and your existing employment contract as for whether they can legally lay you off.
Most States have Lawyer Referral Services which will give you the name of a few local lawyers who specialize in your area of concern (Labor Law) and you can usually get an appointment to meet with them for 30 minutes for a nominal fee. You could go and ask some basic questions, exactly like you asked me and hopefully s/he can give you some advice and possibly some resources to help you.
I hope this helps, it may feel like you're constantly hitting a brick wall, but perseverance is necessary whenever you deal with them.
All the best,
Margot
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