Legal Question in Workers Comp in Virginia
Wrongful Termination Due To Job Injury
I was hurt on the job back inJuly of 2000. I had 2 back surgeries since then. During this time the company changed owners and canceled my health insurance. Then my caseworker told me I no longer was employed. I was welcome to reapply but they were not hiring. How can they do this to me?
2 Answers from Attorneys
Re: Wrongful Termination Due To Job Injury
Your inquiry leaves many questions unanswered, the most obvious being: Did you or your employer ever file an original claim in July, 2000, for workman's comp,and was it approved or denied?
Your question, as I read it, gives no indication
whatsoever one way or the other.
Re: Wrongful Termination Due To Job Injury
I need some more information to answer your question. For example, after your injury and back surgeries, did you return to work at regular duty or light duty. If you returned to regular duty, then there is little or no protection under the workers comp act. However, there may be some protection under the Americans with Disabilities Act if you retained any disabilites after the surgeries. Generally, an Employer can fire an employee for any reason as long as it is not a discriminatory reason. For more information, call me at 804-358-4766 or 800-256-8862.
Gerald G. Lutkenhaus
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