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-   -   Can I be fired? (https://www.neurotalk.org/layoffs-unemployment-and-worker-s-compensation/139412-fired.html)

Lisa in Ohio 11-27-2010 01:27 AM

Can I be fired?
 
Hi all, I got a nasty little surprise in the mail today, a letter from my employer stating that I would be fired on Dec 2 since I have been on long term disability. I really don't understand what is going on as I was just approved for a SCS trial and treatment is still possible. Of course I can't get hold of the person due to the holiday and I am really freaking out. I have had this job since 1979, and would love to be able to go back to work. If this has happened to anyone else, please let me know what to do. Thanks, Lisa

kimp 11-27-2010 07:17 PM

Hi

I have been terminated after working for a company for 2 1/2 yrs they classified it as medical termination. So yeah they can terminated you.

Sorry for the bad news
;)

Jomar 11-27-2010 07:37 PM

How long have you been off work in total?

I was terminated due to extended medical time off with work comp injury.
We/they had tried me back on the job with restrictions/limited duties & full duties but eventually at that time frame I was not able to do much at all for a full 40 hr week. I guess at the time they didn't want to make a job for me 2-3 days a week. Maybe I couldn't have done it then.

I think I goofed partially- I didn't know I was supposed to keep checking in with dr (work comp claim)after work had released me the last time saying they had no work available for me to do.
The whole thing at that time was kind of foggy in my brain.

TRESA 11-27-2010 07:43 PM

When I was dx with low grade proliferative glomerlunephritis (kidney disease) the nephrologist asked if I wanted to continue to work. "Yes, " I replied bewildered.

"Well, if I start you on treatment, you will lose your job. Insurance."

I nodded as I knew eactly what he meant. I told him I wanted to keep working, so we agreed I would return when the fatigue of kidney disease got to be too great...

So, yeah, a company will find a way to get rid of you once they become aware of a diagnosis that will be too expensive for the insurance.

My eperience anyway.

So sorry you were not given a two week warning at least. That wasn't fair at all.

finz 11-28-2010 12:32 AM

How long have you been on WC Lisa ?

I got my termination notice after 18 months

Lisa in Ohio 11-28-2010 07:20 PM

Quote:

Originally Posted by finz (Post 720308)
How long have you been on WC Lisa ?

I got my termination notice after 18 months

My injury was in August 2002. I had returned to work sporadically several times but the company would not comply with my restrictions. I just don't know what to expect. Does this mean the end of my disability payments? I have not been covered by the company's regular insurance since about 2004, when I got bad advice from the company hotline and they dropped the insurance coverage then. I am a thirty year employee of the company. Does this mean that I lose the WC coverage too? I am really devastated about this, and I know that I need to be in a better frame of mind since I am about nine days away from a SCS trial. Thanks to all for the responses, I don't know what I would do without you all. God Bless, Lisa

carlacanel 11-29-2010 05:29 AM

Ohio is an at-will state, you can be terminated unless you are under contract with other stipulations.

If you have an attorney I would consult them.

Your termination will not disqualify you from receiving worker compensation benefits, but it may impact the benefits you can recover for lost earnings.
If you were not receiving Temporary Total from the BWC, I would file for it.
Usually you can't receive Long-Term Disability and Workers' Comp, you Doctor would need to submit c-84.


I was offered a settlement in 2007/Ohio. The settlement was for indemnity only and medical still open for life. The terms of the settlement were that I was no longer an employee. The BWC is still responsible for all medical related to injury.

Good-Luck with the SCS. My trial was good, but when the permanent was implanted, not so good. I had 2 revisions and 1 replacement, but have since had it removed all together.

finz 11-30-2010 01:41 AM

I continued for years with WC after I was 'terminated' In Massachusetts, it's standard to give disabled people the ax at 18 months.

I remember flipping out when I got that notice. My lawyer and human resources at my employer explained that was just standard operating procedure so they can stop carrying your name on their books.

I was still working when I reached 15 years with the hospital so I got the invite to the anniversary banquet and gift. I was out on WC, but still 'employed' at the 20 year mark. I got a nice Waterford bowl for that one. I would have preferred WC approving some actual treatment, but I'll take what I can get. Now I am not an employee, so I'll never get the 25 year prize.

Skully 12-05-2010 08:12 AM

I think it may depend on what state (or country) you are in. If a certain amount of time has passed (can differ from state to state I believe) they can terminate you while on long term disability.

July63 12-30-2010 09:48 PM

Quote:

Originally Posted by Skully (Post 722689)
I think it may depend on what state (or country) you are in. If a certain amount of time has passed (can differ from state to state I believe) they can terminate you while on long term disability.

that is horrible.


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