Am I entitled to compensation

I fell at work on January 16th of this year. I reported it to my supervisor Donna Chavez. She did no accident report. I also was not feeling hurt until 1 or 2 weeks later, which resulted in my missing work. Upon going to the hospital, on February 26 it was revealed I had herniated 3 of my lower disks. I went to work on March 5th and asked Donna to be laid off because I was unable to work, she said no because it would look bad on the World College. I had informed Victoria a supervisor that I was hurt and unable to come to work. On the day I had called her March 8 to tell her this she printed and mailed a letter of termination which I received on March 12. All after she had told to come in and apply for FMLA. I applied for unemployment which was denied because they are saying it was abandonment of duty and also that I didn’t report my injury as work related nor did I file workman’s comp. I’m in the process of appealing that now. I am unaware of all these rules do to the fact I have limited reading and writing skills. My wife is the one who has looked up most of this information now. I’m hoping you can be of some help as it is a financial hardship on us, our landlord has threatened to throw us out even though we have no lease agreement. Is there anything I can do?

Asked on June 3, 2018 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You should be able to file for and obtain Worker's Compensation benefits, if you were injured at work. This would replace at least some of your income. If your employer failed to maintain Worker's Compensation insurance, then if they were in some/any way at fault, you could sue them for you medical costs, lost wages, and possibly pain and suffering.
If you were fired for having an injury or disability, depending on the exact circumstances, that may be illegal disability-based discrimation, which would entitle you  to compensation.
You may be able to apply for temporary disability for not being able to work; and you may be eligible, depending on the seriousness and duration of the injury and its effect on your longer-term ability to work, to receive SSI. 
There is recourse for you, but if you have "limited reading and writing skills," you will have difficulty availing yourself of it--hire a lawyer to help you. You want an attorney who handles Workers' Compensation and disability claims. Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You should be able to file for and obtain Worker's Compensation benefits, if you were injured at work. This would replace at least some of your income. If your employer failed to maintain Worker's Compensation insurance, then if they were in some/any way at fault, you could sue them for you medical costs, lost wages, and possibly pain and suffering.
If you were fired for having an injury or disability, depending on the exact circumstances, that may be illegal disability-based discrimation, which would entitle you  to compensation.
You may be able to apply for temporary disability for not being able to work; and you may be eligible, depending on the seriousness and duration of the injury and its effect on your longer-term ability to work, to receive SSI. 
There is recourse for you, but if you have "limited reading and writing skills," you will have difficulty availing yourself of it--hire a lawyer to help you. You want an attorney who handles Workers' Compensation and disability claims. Good luck.


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