Legal Question in Employment Law in Louisiana
Fired while under a doctors care.
I was recently terminated while under a doctors care for a work related injury. The injury was caused by two incidents that occured in 2002.
The first was a slip at work and the other a offsite incident. I remained out of the office for three weeks. My supervisor would not allow me to report a work related injury for several reasons, but the most important for me was that I would be reprimanded for leaving the scene of an incident without reporting event. Seven months later I requested a transfer because of my physical health. At that point my supervisor implemented the process to have me terminated. He succeeded February 10, 2004. From a legal standpoint, is there something I can do?
2 Answers from Attorneys
Re: Fired while under a doctors care.
You should have been drawing workers comp for the work related injury. You need to see an attorney. There are too many variables to be discussed in this limited forum.
Re: Fired while under a doctors care.
The fact scenario you set forth raises a number of issues. First, there is the issue as to whether you should have been receiving worker's compensation for your on the job injury. Second, there might be an issue of whether you were terminated in retaliation for wanting to report a work related injury. Finally, there may be an issue regarding whether you were terminated in violation of the ADA and/or FMLA. Obviously, there are numerous other facts that need to be explored before a definitive answer can be given on whether you have a claim or not. I would advise you to consult an attorney in your area.