Legal Question in Workers Comp in California
I am appealing State Funds decision, can I be fired now?
Was injured on a Mon.10-24-05 setting up for an event. Had to lift heavy items many times. Told boss later that she knew I had a bad back and I shouldn't have had to lift all by self.I asked for help,boss and co-workers and said no. Boss said I should have asked one of the guests for help. On Friday of the same week the Boss said she was demoting me to part time 20 hrs. a week and canceling my health ins. New job was to start the next Tuesday Nov. 1.I was very upset and stressed out. I have been there 2 1/2 years.Last day of work Fri.10-28-05.Taken to Hosp.on Sat.couldnt walk, back let go. Went to work comp clinic Mon.am. for 6 weeks. was called day before my scheduled appt. and said don't come, you have been denied because of an old injury re-injured. Have had no medical atten.or PT just x-rays. No MRI, how could they say how much more dammage was caused? I am in constant pain. Can't work! At the same time my boss cancelled my health ins, + got a letter today,fired because she did not get an off work excuse. Have also been going to Primary Dr.in the meantime and he put me off until 1-29-06. excuse for off work is in the mail to her and Disibility. Does she have the right to fire me? and post my job? Received 1 Disability ck.
2 Answers from Attorneys
Re: I am appealing State Funds decision, can I be fired now?
When an employee becomes injured on the job, he/she becomes putty in the hand of their employer. Too many times the injured worker relies on their employer to take care of them, but instead, they inevitably get screwed. It sounds like you have been screwed in your case.
Although I do not have enough facts from your question to give you a concise answer, I can surely say that an employer does not have a right to simply fire an employee because he/she's been injured on the job. This looks like a wrongful termination under a 132(a). However, rather than trying to handle this yourself, HIRE A LAWYER!!
A workers comp lawyer does not cost you any money out of pocket. We collect upon an award. For a free consultation, contact my office at, 818.385.0520.
Re: I am appealing State Funds decision, can I be fired now?
Based upon the facts your articulated it seems to me that you do indeed have a workers compensation case. Bottom line, you need an attorney to get you through the system. As the previous attorney mentioned, if you were fired due to your work related injury you also have a potential LC 132(a) cause of action as well, which is "serious and willful misconduct on the part of the employer." You can get extra money for this too. It is very important to get the ball moving on your case ASAP. Call me at 818.739.1544 ext. 10 and I will give you a free consultation over the phone.
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