Legal Question in Employment Law in Louisiana
Injury
I was dismissed June 3rd after informing my supervising manager about Doctors appts. and an epidural procedure the following week. I spoke to him June 1st concerning this. His reason for my dismissal was for poor job performance. On or about March 3rd I was given an excellent rating on my yearly review. I find this suspect. This is not to mention the very hostile work environment he created for me and others. Come to find out I did injure my back pulling on a pallet jack ( of all things ). I thought nothing of it and that it was just a muscle ting. I have since had an MRI that shows a herniated and a bulging disc. I did not report it since I thought nothing of it other than older age (47).
What is your take on this?
Sincerily,
Mr. Poor job performance
2 Answers from Attorneys
Re: Injury
Dear Law Guru Friend,
If you received the injury during the course and scope of your employment for your former employer, by all means report it and report it as soon as possible. You have already waited too long, but it is better to report it late than never. It's pretty apparent from your post that your employer fired you because he feared a compensation claim; and, if you can prove that, you have a damage claim too, as well as a compensation claim. But by all means get that accident reported and pursue your claim for workers compensation disability and medical benefits. Good luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Chatles, LA
Re: Injury
Although it is difficult to answer your questions without knowing all the facts and circumstances, it sounds like you may have a legitimate complaint with your former employer. An employer can't terminate you for missing work due to doctor's appointments and/or for filing a worker's compensation claim.
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