Legal Question in Workers Comp in California

terminated while on Worker's comp

I tore my rotator cuff at work and was terminated two weeks after filing my claim. They sent me an email stating due to the fact that I was not eligible for leave under the FMLA act, I was being terminated and gave me my accrued vacation pay. My medical care is still being covered and I'm receiving worker's comp benefits, but is it legal for them to terminate me? If not, what sort of recourse do I have?


Asked on 8/09/06, 4:45 am

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: terminated while on Worker's comp

I am sorry to read about your torn rotator-cuff. This could be a very debilitating injury.

First, if your injured on the job, pursuant to Labor Code, Section, 4600, your employer is to pay for your medical care to help cure and relieve the effects of your work-related injury.

Secondly, if they fired you simply because of your injury, they could be subject to a wrongful termination claim, also known as a 132a claim.

This is not something that you should be handling on your own. You need to contact an attorney at your earliest convenience.

If you would like further advice, please feel free to contact my office at 818.385.0520. My secretary is leaving on a vacation on Weds. for the rest of the week. Therefore, it would be best to call tomorrow.

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Answered on 8/28/06, 7:26 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: terminated while on Worker's comp

I agree with the previous lawyers response.

You need to find a WC lawyer who can also file a labor code ss 132(a) complaint for you.

You may call me for a free consultation at 818.739.1544 ext. 15 or get my contact info from my website at www.best.law.pro

Norm

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Answered on 8/29/06, 2:45 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: terminated while on Worker's comp

YOU HAVE TO FILE A WCAB APPLICATION AND CLAIM FORM AND AS A PART OF THE PROCEEDING YOU CAN FILE FOR A PETITION UNDER 132 (a) FOR PENALTY. YOU ARE ENTITLED TO TEMPORARY DISABILITY, MEDICAL CARE, PERMANENT DISABILITY AND VOCATIONAL REHABILITATION. YOU ALSO MAY BE ABLE TO SUE UNDER ADA (AMERICAN WITH DISABILITY ACT) FOR DISCRIMINATION.PLEASE CALL MY OFFICE AT 213.388.7070 TO DISCUSS YOUR CASE AND DIFFERENT OPTIONS.

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Answered on 8/31/06, 7:39 pm


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