Visitor Question

Fired after breaking hand and blocked from unemployment…

Submitted By: Priscilla (Mobile, Alabama)

I was working at a u-pull-it company. My job was pulling wires. While doing my job the wire housing came off and I hit my hand hard enough to break it. The break caused nerve damage and I had to have surgery and physical therapy.

Come the first of the year I was fired for missing too much work and having too many health issues. ALL of my missing work was covered by a doctor’s excuse note. I filed for unemployment, but the company lied and blocked me from getting unemployment.

Can I seek legal action? I am still having pain and suffering from the injury and the surgery? What do I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Priscilla,

The first issue is your termination. It’s difficult to understand why you were denied unemployment benefits after being terminated. You give no reason about the denial of benefits other than your former employer “lied” and “blocked” your benefits.

Without more information it’s difficult to even speculate as to the reason or reasons your application for employment benefits was denied.

Unless your workers’ compensation benefits were discontinued, or wrongfully diminished, you really don’t have a cause of action against your former employer.

While no one would doubt your pain and suffering, you should know workers’ compensation insurance benefits do not include pain and suffering. If your injury was work related, and it appears it was, you are bound to workers’ comp benefits, including compensation for your medical bills, out-of-pocket costs, and about 2/3 of your lost wages.

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

Best of luck,

Published: March 24, 2015

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