Legal Question in Workers Comp in California
I have constant pain in my lower back. I was injured on 2.26.13. I saw a dr. and went hm. I have called in for the last 3 days. due to the pain in my back. can i be terminated from work for this??
3 Answers from Attorneys
If you were injured at work, you should not be terminated. You should speak to an attorney to make sure your rights are protected. Feel free to call me for a free consultation.
You need to file a claim for benefits such as temporary disability benefits if you can't work. If your employer terminates you, there is penalty for your termination while on disability. please don't hesitate to call us at 213.388.7070 for a free consultation.
There's an Urban Myth you cannot be terminated if you were hurt on the job... and it's just a fairy tale.
YES the employer CAN terminate you for excessive absenteeism or failure to provide any off-work order from a licensed physician.
IF THE DOCTOR you saw failed to issue an Off Work Order, the employer can expect you to appear for work. Phoning for days is dangerous.
YOU REALLY NEED an experienced workers comp attorney very familiar with the doctors near to you. That attorney needs to pick a doctor from the comp insurer's approved list and get you into that doctor immediately and get an Off Work or Modified Duty Status Report.
IF YOU CAN PROVE the only reason an employer terminated you is as payback for requesting Comp benefits, the judge can award penalties
BUT IF THE COMPANY says at trial the only reason you were terminated was because you left work and did not produce any Off Work Order and kept phoning in sick day after day without any writings from any doctor, the judge won't order the penalties and won't order the company to re-hire you.
It's very, VERY important to get off the phone and get details IN WRITING.
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Do I have to return to work in pain after being injured at work?? Asked 2/28/13, 1:01 pm in United States California Workers' Compensation Law