Being injured at work is already a stressful situation, but the fear of losing your job while on workers’ compensation can add to the anxiety. Can you be fired while you are on workers’ comp and while you are recovering? The answer may not be as straightforward as you think, and it’s crucial to understand your rights and protections during this time.
In this article, we will delve into the complexities of being fired while on workers’ comp, exploring the legal framework, possible reasons for termination, and steps you can take to protect your rights during this challenging time.
It’s a common mistake and many people think they cannot be fired while they are on workers’ compensation. While it is illegal for your employer to fire you in retaliation for you filing a workers’ compensation claim, few employers are stupid enough to tell you that’s what they are doing.
The flip side of the coin is that you don’t have immunity while you’re on workers’ compensation. So, if there is a layoff when your company is downsizing you can be laid off despite your status in the workers’ compensation system. Similarly, if your employer cannot accommodate your restrictions, they aren’t required to hold your position indefinitely. They can replace you. Finally, if you mess up you can get fired for cause.
You should be cautious as more than one shady employer has fired an injured worker and claimed it was for cause when the facts were debatable. For instance, we represented a retail employee who taught Sunday school regularly and was about as devout as they come. Following her injury, she was assigned to work as a greeter. She was fired for allegedly using the “F word” to a customer.
This was almost impossible to imagine happening. The proof of this? An anonymous letter to the store manager. At the hearing when asked why the store would believe such an outrageous accusation from an anonymous source, the manager defended it and said she believed the “anonymous source” because it was her own daughter. The Manager admitted to asking the daughter to write the letter and instructed her not to sign it. Yet the manager clung to the story that the underlying offense really occurred.
Being fired while on workers’ compensation can be a difficult and upsetting experience. However, it’s important to know your rights and take the necessary steps to protect yourself. Here is a guide on what you should do if you are fired while on workers’ compensation:
Familiarize yourself with the workers’ compensation laws in your jurisdiction. Remember that being on workers’ comp does not grant you absolute job security, but it does provide certain protections against wrongful termination.
Keep records of any correspondence, emails, or documentation related to your workers’ compensation claim, as well as any interactions with your employer regarding your termination. This evidence can be crucial if you decide to take legal action.
Losing your job while on workers’ comp may impact your benefits. Understand how your termination affects your compensation, medical coverage, and rehabilitation services. Your attorney can assist you in addressing any potential issues.
Evaluate whether taking legal action is appropriate as a response to your termination. An attorney can advise you on the best course of action based on your specific circumstances and goals. Possible outcomes may include seeking reinstatement, negotiating a settlement, or pursuing a lawsuit for wrongful termination.
It’s advisable to seek legal advice from an attorney who specializes in workers’ compensation cases. They can help you understand your rights, assess the strength of your case, and guide you through the legal process.
Consulting with an attorney if you are fired while on workers’ comp may be a crucial step to ensure that your rights are protected. While it is not required to consult with an attorney in every situation, it is highly recommended to seek legal advice in cases like this.
Being fired while on workers’ comp can be a complex and sensitive issue. Each case is unique, and the laws surrounding workers’ comp vary by state. An attorney who specializes in workers’ compensation can guide you through the legal process, explain your rights, and help determine if any wrongful termination or retaliation occurred.
Oxner + Permar Law Firm is experienced in representing injured workers and helping them protect their rights. If you have been wrongfully terminated while on workers’ compensation, we are here to guide you through the legal process. Contact us today for a free consultation.
Have you ever been in a situation where you were injured at work and had to file for workers’ compensation? If so, you may have encountered a frustrating roadblock: your human resources department using vacation and sick time as requirement for workers’ comp pay. It’s a common dilemma that many employees face, but is it fair or legal? In this article, we will explore the issue of using vacation and sick time before receiving workers’ compensation and discuss your rights as an employee.
The role of Human Resources (HR) in workers’ compensation is crucial in ensuring that employees receive the necessary support and benefits when they are injured on the job. HR departments play a key role in managing the administrative aspects of workers’ compensation claims and providing guidance to employees throughout the process.
First and foremost, HR is responsible for educating employees about workers’ compensation policies and procedures. They should provide clear and concise information on how to report an injury or illness, what documentation is required, and the steps involved in filing a workers’ compensation claim. This ensures that employees understand their rights and know how to navigate the process.
In some cases, HR may also be involved in the return-to-work process. They work with the injured employee, their supervisor, and healthcare providers to develop a plan for the employee’s safe return to work. This may involve modifying job duties, providing accommodations, or implementing a gradual return-to-work schedule.
However, it is important to note that HR professionals do not have the authority to determine whether an employee’s workers’ compensation claim is valid or to deny or approve claims. That decision lies with the insurance provider and relevant legal authorities.
No, that is not what the law says. North Carolina law says that you do not get paid for missing work the first week, but you begin getting paid the second week. If you miss the third week – or if you get a rating to an injured body part – they have to go back and pay you for the first week.
If you do use vacation or sick time for that first week the insurance company is still obligated to pay you for the first week if you meet the eligibility for it. While they may claim that this is double dipping or a windfall to you that isn’t how the law sees it. You are using up a limited resource – your vacation time, sick time, or personal time off – and thus you didn’t get it for free. Oddly enough we see this misinformation coming from CorVel and state and local employers quite frequently.
If you find yourself in a situation where your human resources representative is telling you that you have to use your vacation and sick time before receiving workers’ compensation, it may be wise to seek legal advice or guidance. This is because workers’ compensation laws can vary from state to state, and it’s important to understand your rights and protections as an employee.
A lawyer can review your employment contract, company policies, and relevant state laws to determine if your employer’s requirement is legal and valid. They can also help you understand the options available to you and provide guidance on the best course of action.
Additionally, seeking legal advice can help you understand the potential consequences of refusing to use your vacation and sick time. It’s important to know whether your employer can take any adverse actions against you for not complying with their policy.
If you need legal advice or guidance regarding a workers’ compensation claim, our experienced attorneys at Oxner + Permar can help. We understand the complexities of workers’ compensation laws and will provide you with the information and representation needed to ensure that your rights are protected. Contact us today for a free consultation!
Are you confident that you have enough insurance coverage in case you get into an accident with an underinsured motorist? It’s a question that many drivers don’t often consider, but it’s an important one. Understanding underinsured motorist (UIM) coverage and whether or not you need it can provide you with valuable peace of mind on the road. But what is Underinsured Motorist coverage?
In this article, we will delve into the details of underinsured motorist coverage, explaining what it is, how it works, and whether or not it is a necessary addition to your insurance policy.
In North Carolina, motorists are required to buy automobile liability insurance with limits of only $30,000 per person and $60,000 per accident to protect others from their carelessness. Because it’s all that is required, that’s all most people have. That means that most drivers on our highways have policies that will pay, at most, $30,000 for each person injured by that driver’s carelessness, and no matter how many people are injured, the most that the driver’s insurance company will pay is a total of $60,000.
If you have been to the doctor’s office or the hospital you know how expensive modern medicine is, and it’s easy to understand that $30,000 is not a lot of money, medically speaking. Moreover, people injured in automobile collisions may be out of work and have lost wages and other expenses. It is easy to see that the insurance required in North Carolina can be woefully inadequate to compensate those injured by inattentive drivers. Fortunately, there is a way motorists can protect themselves from careless drivers who have only minimum limits policies. It’s called Underinsured Motorist (UIM) coverage.
UIM is insurance you purchase. It pays you if you are injured by another driver when that driver does not have enough liability insurance to compensate you for your injuries. UIM coverage is purchased through your insurance agent along with your insurance policy. North Carolina law requires insurers to provide UIM to drivers who purchase policies with liability limits greater than the minimum limits of $30,000 per person/$60,000 per accident. So, if you buy an auto policy with liability limits of $50,000 per person/$100,000 per accident, for example, you automatically will receive UIM coverage in the same amount.
On its face this makes no sense – the accident wasn’t your fault, why should your own insurance company have to pay? Well, this is the world we live in! One of the hardest parts of my job is telling a client that the at-fault driver did not have enough insurance to pay the bills and the client has no UIM coverage to cover the shortfall. The only prudent way for drivers to protect their families is to purchase UIM insurance – and lots of it. I recommend everyone get the maximum, $1,000,000 per person/$1,000,000 per accident. And as far as insurance goes, UIM is quite inexpensive.
When deciding whether to get Underinsured Motorist (UIM) coverage, there are a few important factors to consider. First and foremost, you should assess your own risk tolerance and financial situation. UIM coverage can provide an additional layer of protection in case you are involved in an accident with a driver who has inadequate insurance coverage.
Also, consider the minimum insurance requirements in your state. If the minimum coverage is low and you want to ensure that you have adequate protection in the event of an accident, UIM coverage can be a smart choice.
Next, evaluate your existing insurance coverage. If you already have comprehensive auto insurance, it is worth reviewing your policy to determine if UIM coverage is already included. If it is not, you may want to consider adding it for the additional protection it provides.
Oxner + Permar Law has years of experience representing injured people in North Carolina. If you have been involved in an automobile accident, contact us today for a free consultation.
Have you recently started working for a temp agency and are now wondering how workers’ compensation will work for you? It’s a valid concern, as the nature of temporary employment can sometimes blur the lines when it comes to employee benefits. But don’t worry, we’re here to help clear things up for you. Understanding workers’ comp as a temp agency employee is crucial for protecting your rights and ensuring you receive the necessary support in case of an injury.
It’s not unusual for some companies to use a temporary employment agency to hire and place workers for a period of 90, or even 180, days before you become a permanent employee. This makes sense to them from a business point of view.
workers’ compensation claim will be against the temp agency. Everything should proceed just as it would for any other employee. The only difference is that when the doctor puts you on light duty the company to which you were assigned is probably not going to accommodate you.
temp agency will either assign you to a different company or they may even have you do light duty in their office. If the temp agency isn’t placing you be sure that you have a written record (copies of notes or emails) documenting that you are asking them at least weekly if they have anything available within your restrictions. You’re entitled to be compensated for this period out of work. But we’ve seen a lot of temp agencies claim that the injured worker never made themselves available for work. Don’t fall into that trap.
If you’re working as a temporary employee and you get injured on the job, it’s important to take the necessary steps to protect yourself and ensure you receive the workers’ compensation benefits you are entitled to. Here are some key things you should do if you find yourself in this situation:
As soon as you are injured, report it to your supervisor or the person in charge at the company where you are working. Make sure to provide details about how the injury occurred and any immediate symptoms you are experiencing.
It’s crucial to seek medical attention for your injury, even if it seems minor at first. Inform the healthcare provider that your injury is work-related, and be sure to keep copies of all medical records and bills related to your treatment.
Take the time to document the incident and gather any evidence that supports your claim. This can include taking photos of the scene, collecting witness statements, or keeping a detailed journal of your symptoms and recovery process.
Inform your temp agency about the injury as soon as possible. They will guide you through the workers’ compensation process and help you understand your rights and responsibilities.
Work with your temp agency to file a workers’ compensation claim. They will provide you with the necessary forms and assist you in completing them accurately. It’s important to submit your claim within the specified timeframe to ensure you don’t miss out on any benefits.
Follow the treatment plan recommended by your healthcare provider and attend all scheduled appointments. Failing to comply with medical treatment can jeopardize your workers’ compensation claim.
Keep a record of all expenses related to your injury, including medical bills, transportation costs, and any modifications needed for your daily life. Additionally, document any lost wages or income you experience due to your injury.
If your workers’ compensation claim is denied or you face any challenges during the process, it may be beneficial to consult with an experienced workers’ compensation attorney. They can provide guidance, represent your interests, and help you navigate any legal complexities.
As a temporary employee, it is important to understand your rights and options when it comes to workers’ compensation claims. While workers’ compensation is typically available to all employees, including temporary workers, seeking legal assistance may sometimes be necessary to ensure that you receive the compensation you are entitled to.
Temporary employees can face unique challenges when it comes to workers’ compensation claims. Their employment status and the fact that they work for multiple employers can make the process more complicated. Legal assistance can help navigate these complexities, ensuring that you are not taken advantage of and that you receive the compensation you deserve.
Have you ever been injured on the job? If so, you may be familiar with the workers’ compensation process and the role of a workers’ comp adjuster. But the workers’ comp adjuster is here to help you right, or do they have their own interests in mind?
In this article, we will delve into the role of a workers’ comp adjuster and explore whether they are truly on your side. We will discuss their responsibilities, potential biases, and offer some tips for navigating the workers’ compensation process effectively.
Absolutely not. The adjuster has only one job: to make their company profitable. The way they do that is by limiting how much they spend on your case. This doesn’t mean they’re going to be hateful and evil to you. Although some may take this route, it is far more likely that they’ll be pleasant but won’t follow through with things that cost their company money. Things like mileage reimbursements, prompt scheduling of medical appointments, and ensuring that your weekly checks included credits for overtime, bonuses, and per diems.
What about the adjuster hiring a rehabilitation nurse? Our impression is that this is a calculated maneuver on their part. Yes, the nurse costs money. But if the nurse is effective the doctor may order less treatment and return you to work sooner than they ordinarily would. All of that saves the adjuster money.
Keep in mind that your adjuster is probably under pressure from their supervisors to close out files as quickly as practicable. They’re also probably getting an earful from a lot of injured workers. If they’ve been around any length of time, they may well be feeling a little burnt out or jaded as to the complaints of workers’ compensation claimants.
The other thing to understand is that your adjuster is a professional. They know the ins and outs of workers’ compensation. They undergo rigorous annual training and periodic updates on the law. They are professionals. You are probably very good at what you do (or did). But you aren’t a workers’ compensation professional. Putting it bluntly: you’re no match for them. You won’t even necessarily know where’s they’re cutting you short if they do. And this is without them even turning to a defense attorney to assist.
The bottom line is that workers’ compensation is one of those areas where you can be underwater without even knowing you are. That’s how complex the law is. It is never ever a mistake to call a lawyer. You may not need to hire one. But you do need to speak with one.
Dealing with a workers’ comp adjuster can be a challenging and sometimes frustrating experience. While their role is to assist and facilitate the workers’ compensation process, there are several common challenges that individuals may encounter.
One of the main challenges is the adjuster’s workload. Workers’ comp adjusters often handle multiple cases simultaneously, which can result in delays in communication and processing. It is not uncommon for adjusters to be overwhelmed with paperwork and administrative tasks, leading to slower response times and potential frustration for the injured worker.
Another challenge is the adjuster’s loyalty to the insurance company. Although adjusters are supposed to be impartial and fair, their primary responsibility is to protect the interests of the insurance company. This can sometimes lead to disputes over the extent of injuries, the need for medical treatments, or the approval of certain benefits.
Furthermore, the complexity of workers’ compensation laws and regulations can pose a challenge. Adjusters are well-versed in these laws, but injured workers may struggle to understand their rights and entitlements. This knowledge gap can create a power imbalance during negotiations and make it difficult for workers to navigate the system effectively.
Additionally, some adjusters may exhibit a lack of empathy or understanding towards the injured worker’s situation. This can lead to a breakdown in communication and a sense of mistrust. It is crucial for injured workers to advocate for themselves and seek legal representation if necessary to ensure their rights are protected.
When dealing with a workers’ comp adjuster, it’s important to remember that their primary goal is to protect the interests of the insurance company. While they may provide assistance and guidance throughout the claims process, it’s essential to advocate for yourself to ensure you receive the benefits you are entitled to. Here are some steps you can take to advocate for yourself while working with a workers’ comp adjuster:
Take the time to understand your rights and responsibilities under workers’ compensation laws. Familiarize yourself with the specific guidelines and deadlines in your state. This knowledge will empower you to ask the right questions and make informed decisions.
Keep a detailed record of all communication, including phone calls, emails, and letters, with the adjuster. Note the date, time, and content of each interaction. This documentation will serve as evidence in case of any disputes or misunderstandings.
Before speaking with the adjuster, gather all relevant documents, such as medical records, accident reports, and witness statements. Having this information readily available will help you provide accurate and consistent information throughout the claims process.
When discussing your case with the adjuster, be concise, honest, and assertive. Clearly explain your injuries, symptoms, and limitations. Share how your injuries have affected your ability to work and carry out daily activities. It’s crucial to be consistent in your communication to avoid any potential discrepancies.
If your workers’ comp claim becomes complex or if you encounter any difficulties with the adjuster, it may be beneficial to consult with an experienced workers’ compensation attorney. They can provide guidance, protect your rights, and negotiate on your behalf to ensure you receive appropriate benefits.
