Legal Question in Workers Comp in Indiana

Right to Terminate?

This is concerning a co-worker. He injured his back in a fall approx 2 yrs. ago. He was off work for several months before workers comp okayed him for surgery. The proceedure did not give him the pain relief nor range of motion that the doctor had hoped for, and he was off several more months recuperating and going through rehab. During that time he was slowly released to come back to work with strict restrictions.. the company always refused to let him come back even as some of the restrictions were lifted or lessened. What it finally came down to was he had to go in for testing to see what his permenent disabilities would be. Once they were set a dollar figure was figured out for that loss. The company then informed him that his workmans comp had run out and that they did not have to accomidate him in any way... hence he was terminated. Was this lawful? Does he have any rights to file a claim against the company? Has he exceeded any time limitations to do so?

In the final work release from his doctor many of his restrictions were worded..''As tolerated''. He was never given a chance to find out what he was capable of doing.


Asked on 9/03/03, 2:18 pm

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: Right to Terminate?

There may be more to why he was let go. There better be becuase otherwise this would be a retaliatory termination. I also find it strange that his W/Comp benefits "ran out". It does not work that way.

He needs to contact an attorney(preferably me) to get this mess straightened out.

My Number:216-241-1214

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Answered on 9/03/03, 5:09 pm


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