What to do if I was hurt at work am still suffering from the injury and have made it abundantly clear to management that my injury limits me?

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What to do if I was hurt at work am still suffering from the injury and have made it abundantly clear to management that my injury limits me?

This week a manager told me to do more lifting than I am capable and when I refused, I was fired for insubordination. What are my rights? By way of background, earlier this year I fell 12 ft off a ladder at work and hurt my knee. My doctor said I have a severe case of patellofemoral syndrome but workman’s comp has been giving me the runaround about getting more medical attention and I don’t have medical insurance. I cannot crouch, climb or lift heavy objects without excessive pain and swelling, which lasts for days afterward and often causes a slight limp. Only a few people at my job are required to do heavy lifting and it is not a necessary core job function.

Asked on September 30, 2012 under Employment Labor Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were terminated for an apparent inability to do certain functions at work due to a work related injury that is well documented, your firing could be deemed in retaliation for your worker's compensation claim by your employer.

As such, you should consult with a labor law attorney and/or a representative with your local department of labor about what just transpired to see what your legal options are.


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