Legal Question in Workers Comp in Virginia
Wife hurt driving school bus now may be fired.
My wife was injured her hand in a school bus accident. another car rear ended her bus while making a pupil stop. she has had surgery on her thumb and is unable to drive a bus she is currently on limited duty . they say if see can not return to buss driving see will be fired. She only has one year left to make full retirement. which is why I think they want to let her go because they have placed other injuried drivers in other jobs some were''nt even job related injuries. what can see do please help Thank you
1 Answer from Attorneys
Re: Wife hurt driving school bus now may be fired.
My strong recommendation is to speak with a labor lawyer. I am a workers compensation lawyer. In general, you can not be terminated for being hurt at work. But under the FMLA laws, a company only has to keep a job available for a limited period of time. Some employers in their policy manuals may have even more stringent rules. That is why you need to speak with an attorney who handles labor law issues. If she thinks she may be able to do the job, she may also want her Dr. to release her to return to work(especially if she doesn't have to drive in the summer) .A suggestion maybe returning to work a week before Spring break and maybe she can make it the few weeks after Spring Break before school is out. Usually the workers compensation benefits will not be worth losing her retirement benefits. If you want to discuss futher you may call or look further at my website :injuredworkerslawfirm.com