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Can you be terminated from your employer if you have a workmens comp claim?
Wiki User
∙ 14y ago
No, but there is a Statute of Limitations as to how long you can go on WCB and when it becomes a Disibility. Go to your Labor Relations Board about this. If you have a WCB claim then you must have hurt yourself on the job obviously. WCB has all rights to any reports from your doctor related to the accident and it's always wise every month to get your doctor to write the company a note or letter explaining why you aren't back at work. ALWAYS leave a paper trail regarding your injuries to the company you work with. If WCB is still paying you then NO company legally can let you go without trying to work with you, WCB and your doctor and try to at least place you in a job in that company that you can physically handle, but, if it doesn't look like you are able to come back to work then you need to deal with Disibility Pension. Please go onto www.Google.com and go onto Workmen's Compensation Board and you'll find all sorts of information there. Good luck Marcy I was told by a WCB Judge that even if the employer did fire you because you were injured, it would be a very hard case to prove.
Wiki User
∙ 14y ago
Wiki User
∙ 17y agoMy understanding is that the incidence of an open case with Workman's Comp. does not specifically preclude the employer from terminating an employee; but, that the employee IS specifically protected from practices on the part of the employer which can be constituted as harrassment over the issue, with the employee's termination possibly being construed as such harrassment should a case be pending. Employers, therefore, are specifically prohibited from terminating an employee just because that employee is pursuing action through Workman's Comp; but, anything not related to the case is still justifiable as a cause for dismissal. If you got injured on the job, and a case is pending, the employer cannot harrass you because you are exercising your rights toward compensation; but, if you fail to follow other policies established by the employer, or steal from the employer, or are insubordinate, or give the employer any other grounds upon which they may establish a justifiable and defensible basis for termination not related to the case, you're gone...
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If you were terminated for not being able do your job after a work accident can you collect unemployment even though you got a workmens comp settlement?
In New York you can not collect both at the same time. If you can prove, which would be hard without physical evidence, that you were fired due to the injury you can sue the employer. But if you are collecting comp you can file a claim for unemployment but I would wait until the comp is up.
Can you still receive workmens comp after quiting?
It depends on the policy of your employer...I believe.
What happens if you have a workmens comp claim and the company files Chapter 7 bankruptcy?
Your claim is most likely covered by a WC insurance, either a prvate policy the employer had or one with the State. As such, your claim should be unaffected by the Bankruptcy.
What is workmens comp?
A insurance provided by employers for injured employees. There is a provision in Texas law whereby an employer may elect not to purchase workmens' comp insurance. About 33% of Texas employers do not have WC insurance.
If a worker is injured at home and cannot return to work for several weeks is that worker entitiled to Workmen's Comp?
no, workmens comp is for time lost due to injuries at work This would be a short term disability claim if you employer offers STD.
Is employee responsible for paying workmens comp?
no, unless you owe them for a fraudulent claim you received funds from.
Can an employer fire you because you had a workman's comp claim in the past?
No.
Can an employer terminate my medical insurance while I am on workmen's comp?
In Canada they cannot terminate medical insurance while an employee is on Worker's comp. However, if all employees have their medical terminated then the employer can get away with it.
Can you still get workmens comp if you had drugs in your system?
No.
Does employer have to notify employee they have been terminated while out on Texas workers comp?
An employer has a duty to inform the employee of an changes to the employment terms. If an employer is out on workers' compensation, and they are terminated, the employer has a duty to communicate that information to the employee and pay that employee any money they have due to them.
Is workers comp nc only for medical or does it cover vehicle damages?
Answer is No workmens comp is only applicable to injuries sustained while on the job, damages to a vehicle are not part of workmens comp.
If you hurt yourself at work and failed a urine drug test for are you able to collect workmens comp?
Your claim may very well be affected.
