Legal Question in Disability Law in Indiana

Fired after claiming a work comp. claim

I have worked for my employer 5 years, I injured my back while at work that required surgery that left me with a permanent disability and permenent restrictions my employer fired me and tried to make it look like I was refusing work, once I figured out that he was trying to make it out to be my fault I started documenting every thing including recording phone conversations with my employer. He finally admitted that he ( fired me becuse he see's me as a liability and that he can't aford it) these were his words and I have it on tape along with many other conversations that we had. my question is does his liability insurance cover if I win and how much can I acutally sue for, this is a company with close to 50 employee's and owns a warehouse distribution center along with plenty of real estate, in sort they have the money settle this if they wanted to.


Asked on 3/04/04, 11:53 am

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Fired after claiming a work comp. claim

He may have insurance, but probably not unless he has purchased a specific policy covering employment law violations. In my opinion, whether you can win will depend on whether or not you can show he retaliated against you for exercising your right to file a workers compensation claim, or perceived you as being disabled, or fired you to prevent future claims against his insurance policies. Please feel free to contact me at 317-955-9500 if you would like to discuss further.

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Answered on 3/04/04, 3:15 pm


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