Fired While on Workmans Comp...

by Anonymous
(USA)

I was pulling double tractor trailers and had something go wrong with the back trailer. It started swerving all over the road. I tried keeping the trailers straight and went to the side of the road in an area where no one would get hurt.

The seat belt on the truck didn't catch causing me to be jerked around in the truck. I managed to keep the truck and the front trailer straight but the back trailer's pintle hook broke and the back trailer laid over on the driver's side. They were eventually able to set the trailer up and drive it away.

I had to go to the hospital. I have some pinched nerves in my back which workman's comp says they will cover. But they're giving less money than I was making. They are paying for the problems to get fixed, however I was fired and said to be disqualified from driving.

Do I have any legal grounds to keep my job and get more compensation? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Always get a formal case review from a licensed attorney.

ANSWER for "Fired While on Workmans Comp...":

Anonymous (USA):

Unless you are member of a union there is little you can do about the termination of your employment. Unless a termination of employment can be attributed to discrimination for race, religious beliefs, gender, age, or sexual preference, it is difficult to overturn a termination of employment.

The amount of workman’s compensation wages is normally about 70% - 80% of your usual wages. You must be aware your workmans compensation payments will only last as long as the insurance company believes your medical treatment and recovery are necessary.

It would be a good idea to start looking for alternate employment. As we said, the workmans compensation partial wages time frame is finite. It would also be a good idea to attempt to get a letter of recommendation from your employer. If they won’t give you one try and find another job which meets your skills.

Pinched nerves can be very painful. Many people receive very successful treatment for pinched nerves from chiropractors. They have special treatment options which many physicians do not.

Do everything you can to avoid surgery. Explore all other options first. The percentage of failed surgeries for pinched nervous is quite high.

Since laws change frequently, and across jurisdictions, you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a free personal case review here.

Best of luck,

Judge Anthony

Comments for Fired While on Workmans Comp...

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Can Worker's Compensation use your Personnel File to Cover the Employer´s Mistakes?
by: WDCCBUSDRIVER

I work for a City Bus Company. I am fighting the attorney for the company who himself started Termination Proceedings by Ordering my boss to fire me. I have filed an EEOC complaint and was successful to get Mediation because of their blatant acts of discrimination against me.

I found out by doctors and the WCAB that this attorney was given full access to my personnel file and has gone back 8 years to validate his actions for Termination.

Can anyone have access without your approval to your private personnel file? Especially a Worker's Comp Attorney using private personnel info for an argument to terminate me in a WC case?

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