Legal Question in Disability Law in Indiana
Injured on job- got terminated. Can they do this?
I injured myself on the job and ended up having a spinal fusion, which did not work. I had another spinal fusion and I have signifigant nerve damage in my legs and feet. I also still have nerve compression which I am hoping is from scar tissue, which boils down to chronic pain. When I went on Long Term Disability which is when I was off 6 months from work, they terminated me!. Do they have the right to do this?
1 Answer from Attorneys
Re: Injured on job. May employer terminate empee?
Employers are obligated to make a reasonable
accommodation if the handicapped employee
requires the accommodation in order to perform
the ESSENTIAL FUNCTIONS of his or her job.
Your query provides none of the necessary information. For instance, you don't say what job you had, whether you asked for an accommodation, whether you got one, etcetera.
You only say that when you went on Long Term
Disability after 6 months' absence from work, your employer
terminated you. What was the prognosis of your medical problem?
What did your doctor recommend?
What did you tell your employer?
Without more info from you, I feel comfortable in saying only the following:
If your job was necessary in the company,
someone had to do it. If your job was
unimportant, then they could get rid of the job
and would not have to continue your employment.
Also, if you told your employer as little about
your
future intention to return to work as you told us at lawguru,
your employer had a right to terminate you.
To be sure, get yourself off to a local employment attorney,
who will be able to open you up and get all the
necessary questions answered before giving advice.