Legal Question in Workers Comp in California
I have been on worker's comp in California for just over a year. I just received clearance for surgery for my shoulder which I injured on the job. I have been released to go back to work since day 1 with limitations, but my company said they did not have work for me. I recently received a letter in the mail that states I will be terminated as of 8-31-2011. Do I have a case against them for wrongful termination? What are my options? Still collecting worker's comp and no accomidations were ever made to provide light duty for me. What can I do?
2 Answers from Attorneys
Injured workers must be treated as though they were at the job all the time they were off because of their industrial injury. But if your job position is being eliminated for economic reasons and not because you are injured, then you can be terminated as you do not have to be treated better than an uninjured co-employee. An employer does not have to provide light duty work. You can see a layer in your area who handles illegal job terminations to see if they can investigate the reason for your losing your job. Your WC benefits will continue as if you were still employed.
What you have here is an ADA claim because the employer failed to discuss a reasonable accommodation relating to your known work injury before terminating you.
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