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If you were injured on the job can you be fired for no longer being able to perform your duties due to that injury?

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2013-02-28 04:23:22
2013-02-28 04:23:22
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The answer for this is yes and no.

You must be able to perform the essential functions of the job. If you can, then you might be protected under the Americans with Disabilities Act.

Under the ADA, an employer must try to accommodate you by restructuring the job, or providing modified equipment, or modifying the work schedule etc. But, if any of these changes are quite expensive, so as to cause an undue hardship to the employer, then the employer does not have to go along with the ADA.

If you cannot perform any part of your previous job, then, unfortunately, you can be fired.

Answer

However, if you are fired because you are unable to perform the duties of your job, the company may have to pay for your work-related permenant disability. Get a lawyer or talk to the Dept. of Labor. Essentially, you suffered an injury at work that incapacitated you. (Most companies would rather put you back to work than pay the settlement.)

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