CanI be fired because of restrictions placed on medueto an on the job injury?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI be fired because of restrictions placed on medueto an on the job injury?

I was injured on the job so my doctors gave me restrictions I was terminated because they said that they didn’t have anthing opened for me but there was light duty for other people that they helped. Do I have any recourse?

Asked on August 11, 2010 under Personal Injury, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your employer has to make reasonable accommodations to comply with your medical restrictions.  Reasonable accommodation is a question of fact and is determined on a case by case basis.  It is based on your job duties.  The description of your job duties should be available from the human resources department of your employer.

If the employer is unable to accommodate you, you may be eligible for a disability retirement depending on your age.  The amount of compensation you receive in a disability retirement is determined based on your past income with that particular employer.  It is a percentage of your previous income with that particular employer.  If you want to apply for a disability retirement, the human resources department of your employer should have the application forms and will be able to provide information on the procedure.  If your disability retirement is denied, you can challenge the denial in court.

If you do not want to pursue a disability retirement, but want to challenge your termination by the employer due to your on the job injuries, it would be advisable to discuss this with either your workers' compensation attorney or an employment attorney who handles wrongful termination.  Your County bar association may have a lawyer referral service that can refer you to an attorney.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption