Fired After Injury at Work...

by Pia
(Cordova, TN)

I was off from work for couple of months due to injury. I returned under the influence of my prescribed pain medication from my doctors and I fell on the dock steps. I had a cane and a crutch with me. I said I fell backwards which I did at the end but the tape shows me falling forward.

Okay, I was on heavy prescription drugs so I said backwards instead of forwards. But I still fell backwards, the tape is in speed mode. The main thing is I still fell and had witness to prove my bag of pills that I had with me were prescription.

They said I falsified workers comp. First of all I didn't file for anything so how is it falsification? The lady I talked with asked me questions and I gave her the same story I told my manager and human resources.

Where is the justice for employees when employers are always thinking someone is trying to sue them so they get afraid and terminate you? I'm jobless and bills are stacking up because of a heartless and cruel company with whom I've been employed for over 10 yrs. Is there anything I can do? Thanks so much.

Visitor Question:
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ANSWER for "Fired After Injury at Work...":

Pia:

The facts you present aren’t clear about the cause of the injury for which you had been taking the pain medication. Because you state you had been employed by this company for 10 years we will presume you suffered the injury while working for this employer.

If you were injured on the job workman’s compensation should have paid for your injuries. It appears you were successfully treating, especially as you had been taking prescribed medication such as Darvocet, Darvon or some form of Hydrocodone.

The medical bills from your initial injury should have been paid by your employer’s insurance carrier. Your medical bills may be piling up because your doctor released you to go back to work and for some reason you continued to treat either with the same doctor or another.

You certainly had the right to ask to see a second physician while treating. If you have not already settled your worker’s compensation claim you should ask to see your employer's list of physicians. From that list you should choose another physician for a second opinion.

If your worker’s compensation case has been settled there is little you can do. You will most probably be responsible for your own medical bills and out-of-pocket expenses. In the state of Tennessee it is illegal for an employer to terminate an employee if the employee is recovering from an on-the-job injury. Of course there are some exceptions, and those are primarily related to criminal action.

There appear to be some legal issues involved here. You should be sure you understand the laws and regulations related to worker’s compensation in the state of Tennessee.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION