Legal Question in Workers Comp in Virginia
Let Go;
I was injured on the job 9/08 and have been on WC since, I was told I still had my job, after surgery and healing I received a letter stating I was officially terminated due to cut backs, what would be reason for a formal letter if I was out of work anyway? How could me not working affect the company? And legally can they fire me while I'm on WC?
2 Answers from Attorneys
Re: Let Go;
Based on my 35 years as a Virginia Workers Compensation Lawyer, I can tell you that your rights to Workers Comp benefits are separate from your rights to your job. If you are injured and under a Virginia Workers Comp award, then the insurance company must continue to pay you compensation until the doctor releases you or until they find a light duty job for you.
If the company lays people off in the meantime including you then you need to review your personnel manual or union contract (if they exist) to see if the company has abided by the rules. You also may have rights under the FMLA, ADA and other federal statutes. You may want to consult a wrongful discharge attorney.
Jerry Lutkenhaus
www.virginiadisabilitylawyer.com
Re: Let Go;
Unfortunately, your employer may have the right to discharge you. You need to talk to a labor lawyer. I handle workers compensation. The rules and laws are separate from labor law issues.
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