Visitor Question

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

Submitted By: Fran (NH)

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.

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 Fran,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 19, 2015

How Much is Your Injury Claim Worth?

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

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *