Let go after on-the-job disability?

by Tom
(Farmington, NY)

I have cervical spine injuries along with both thumbs requiring surgery due to repetitive motion. My employer states that I did not give them the FMLA paperwork in a timely fashion, which was required to be sent by my doctors.

They also stated I would not be able to do the work due to my injuries. My primary care doctor already said that due to my injuries I am disabled. Note that she did not take me out of work, but my employer did after I told him of my injuries.

My doctors now have me at 100% disabled and said that doing my old job is not an option. How do I go back to work if I don't have a job? Can I sue my employer? What do I do for income? Isn't my employer required to pay me if I'm disabled on the job, even though I was let go before the ruling? Thank you for any information.

Visitor Question:
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ANSWER for "Let go after on-the-job disability?":

Tom (Farmington, NY):

According to the United States Department of Labor, the Family and Medical Leave Act of 1993 (FMLA) entitles you to certain benefits. To be eligible for FMLA leave, you must have:

- Worked for for a covered employer for at least 12 months; and

- Have a serious health condition that makes you unable to perform the essential functions of your job: and

- Have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,

- Work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

According to The U.S. Department of Labor, "Upon return from FMLA leave, an employee must be restored to his or her original job, or to an "equivalent" job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions."

You have up to two (2) years to file a complaint with the U.S Department of Labor or file a lawsuit against your employer. That is referred to as the statute of limitations period.

Read more information on FMLA compliance here.

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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