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my husband was hurt at work he was hurt on 8-2009 on 12-2009 his job termed him for his fmla running out we were told by a attorney this can happen in Florida.my husband did not even find out till his boss called him in December 09 on the phone that he was termed in november2009 so it can happen......

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Q: Can your employer fire you while out on workers comp at any time?
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Can your employer fire you 5 days after FMLA expire without giving you a chance to return to work while you are still on worker's comp from getting hurt at work?

No. Well, yes, he can fire you, but he is likely violating federal law if he does. Especially considering the Workers Comp issue.


Can an employer fire you because you had a workman's comp claim in the past?

No.


Can my job fire me if I file a workers comp. claim?

no they cannot


What if your employer requires you to return to work and you are on workmans comp and your doctor has not released you to work and fmla is over can the employer and fire you?

yes they can and will probably fire you.


Can a person be laid off while on workman comp?

AnswerIn Canada no, an employer can't lay off or fire an employee on Worker's Comp. However, if the company should cut out certain shifts (one you were on) or goes bankrupt then yes, you could be out of a job.


Can you fire your workers comp attorney?

You have the right to fire an attorney you hired. You may need to find a better equipped attorney to fight for you.


While on workmen's comp can an employee be laid off?

WC has two components: 100% pay for medical costs of workplace injuries, and insurance payments for lost work time. If you are receiving WC medical costs, but not lost time, your doc has NOT certified you as incapactitated from work. The employer can schedule you to work, and you must. If the doctor has certified you as incapacitated from working, the employers opinion about that is irrelevant. You cannot be compelled to work.


If your fired one week after receiving an injury that is covered on workmans comp do you still receive payment for the lost wages for the time your not able to work due to the injury?

It will depend on your state's worker's comp law. Each state varies. Each Workers comp agency has a webpage to answer your question. If you had medical bills from the fall, Workers comp will usually cover the medical cost if you filed a report with the employer when it happened.


Can the employer fire me after being seen by workman comp doctors and when will i be compensated for my time off work been out work 2month?

by starting won


Can an employer force you to file a workers comp claim?

Not necessarily, It would simply be up to you since its not his name which is going to go on the record. Its ur job on line, and the person you will be complaining to has an upper hand over your employer. So it really is upto you. If he does force you, its your decision that actually matters.


What are the laws in regards to your place of employment taking your job position away when you return from being on workers compensation?

On workers comp, I believe they have to return you to your original job. If you were out on a non-worker's comp illness, they wouldn't. If you missed time from work and/or had serious medical bills, most US employers will bend over backwards to accommodate you. If you take extra time that's not medically required under workers comp, they don't have to hold the same job for you. The answer above is wrong. If a worker returns from FMLA leave, even if it was not for a work injury, he/she MUST be returned to the former job, even if the employer must fire a replacement to create the vacancy. That IS NOT true under state WC. If the employer eliminated your job while you were gone, you return to no job. The employer cannot fire you BECAUSE of a WC claim, but can eliminate jobs as necessary to employer survival.


Can a company fire you for reporting a crime made in the company?

You can sue them if they do, so essentially your answer is no. An employee cannot sue an employer EXCEPT when the employee already holds evidence that the employer violated a civil statute (EEO law, Workers COmp, unemployment, etc.). Without evidence that a civil statute was violated, no judge will allow you to file. Some statutes prohibit firing employees who report crimes in good faith, but the employee does not sue the government does.