Can I still file for workman’s comp. or disability if I was recently fired for missing too much work due to a medical condition that was work related?

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Can I still file for workman’s comp. or disability if I was recently fired for missing too much work due to a medical condition that was work related?

After I was terminated I decided to find the cause of my sicknesses before seeking employment again. They first discovered a large stone in my gall bladder which I know is not work related but I had surgery to remove it. After surgery I continued to have the same sickness and pain that I thought was because of the gall bladder surgery and so my doctor checked me and said its because I have two hernias-one on each side and he will have to operate again. The pain from the hernias causes me to feel a sickness which is what I went through while employed. I think they are work related. What to do?

Asked on May 10, 2012 under Employment Labor Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order for you to make a worker's compensation claim you need to submit such to your former employer and see if your treating physician will deem the hernias that you have caused by work.

You can still make the claim despite the fact that you have been terminated from work. The problem I see is that your employer will claim that since you were terminated from missing work that the worker's compensation claim is made up by you. I suggest that you consult with a worker's compensation attorney further about your situation.


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