Hyper-extended knee while carrying ladder on an icy construction site...

by Fran

I was carrying a ladder at a construction site outdoors and hyper-extended my knee. I slipped and fell on ice, which is all over the site. My doctor said it was a minor knee tear after looking at the x-rays, and gave me the week to rest up. I was then fired for taking 2 days off with a note from my doctor ordering the time off.

The company stated I violated a policy calling back in to go see the doctor again. I had informed my boss I was going to be out by email that morning. The policy stated I had to get his verbal permission and notification.

This is the reason they gave for firing me, but I think they're trying to get rid of me because I was injured on their hazardous construction site. Do I have any case here against my employer? What if others are injured on the icy work site? Thank you for any information and perspective you can give.

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. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Hyper-extended knee while carrying ladder on an icy construction site...":

Fran (NH):

If you violated company policy, no matter how minor, the company had a right to fire you. That would not be the case if company policy required you first be given a warning, whether verbal or written, or be admonished in some other manner for violating company policy.

It would though, have been a violation of your legal rights if you had been fired for simply filing a workers' compensation claim. From the facts you present, there is no evidence of that.

While it seems severe, unless you can show there is a company policy in place which prohibits the company from firing a worker for violating company policy, then your termination stands.

See if there is an appellate process in place. If so, take advantage of it in an effort to get your job back.

Because the injury happened while you were on the job, your employer’s workers' comp insurance company is still required to pay your present and future medical bills, which may arise from your slip and fall.

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

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Suing an Employer Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: