What if I'm Fired During My Comp Case?

Attorney Joe Miller of the Work Injury Center explains the consequences of being fired on your workers compensation claim. It really all depends on the reason for the firing. Watch as Joe breaks it down for you.

[@angelagiron3477]

Than get a lawsuit for harassment people don't put up with that shit

[@managua67]

What a joke, employers would always said was for cause

[@JoeMillerLaw]

You are very welcome and thank you for watching!

[@pavers1122]

I worked in dc and got injured on the job. While recovering I was fires by the employer, then the union stepped in and I got my job back but given a time to return. The doctor could not return me by that time. I did come back but the company said I was no longer with them.

[@G0VTCheese]

Thank you for your video.

[@JoeMillerLaw]

You are very welcome and thank you for watching!

[@zendean5207]

I was fired for what they CLAIMED was cause but it certainly didn't end my case at all. In fact mine is an accepted claim. Maybe that's true in N Carolina but in at least 2 other states I know for sure that it had no bearing whatsoever on the case.

[@JoeMillerLaw]

Thank you for your comment. That is why I always say this is restricted to either VA or NC. Yes, it depends on the law in your state. In NC it's actually NOT the end of our case if you're fired for cause, but it is in VA. In VA, even if you are under an Award, if you are fired for cause while on light duty, that's pretty much the end of your case. Very hard to recover from that. In NC, it's all about your restrictions, even if you are fired for cause. That's under a case known as the Seagraves case. So yes, the laws vary widely on this issue from state to state.

[@daddygreat1]

My employer did a drug test on me 6 days before my CC hearing and said that it was water and I was terminated.

[@globalnewswars8741]

I got injured in 2020 still doing my workers comp.. diagnosed with mono neuropathy have winged scapula with long thoracic nerve palsy and i have to sue my dr to for medical neglect..been a ride, hope to be done soon. have a hearing in September.

[@JoeMillerLaw]

Sounds like a rough ride. So sorry you are having to endure that. hope you have good representation for your comp case and your medical malpractice. I wish you the very best outcome.

[@SkankHunt-yo5on]

The reason for the firing?!?! I need to talk to this guy!!!!! Please respond!

[@terrencemilton5088]

Not worried about that. From what I know....

[@sherrychoicemcgilvery4206]

Can you make the form large enough for me to sign

[@SkankHunt-yo5on]

Hey man. How do I get this guy on the phone? I have a case that I want to talk about with HIM. HE will be happy.

[@benram6458]

what if they make you quit ? and also the doctor l was ok when im not

[@BearPapa49]

What happens if one is fired and the WC claim is settled . Do you advise a client to start a employment law case for wrongful termination?

[@Nepthu]

Normally when a case is settled, the employee has to give up working for the employer anyway. Effectively, you promise never to bother the employer again about your injury, and you can only "promise" to do that if you leave the employer altogether.

[@knightman7203]

What if I settled but they make me do things that cause injuries? Against my light duty and no I have not been paid for my time off

[@JoeMillerLaw]

Sorry for the late reply, but I'm not quite sure I follow your question. You already settled, you are back at work and they are not following your restrictions? Or do you want to know whether if you settled you could be compensated for back pay and the fact that they made you violate your restrictions?

[@drooble5214]

What if the employer has no workers comp or insurance of any kind and treatment was only offered for a month and then withdrawn? Injury happened during work at a offsite that also has no insurance or WC for their work place? How does one proceed?

[@Josh-yg3og]

You’ll need to see an attorney that specializes in personal injuries. Since the employer doesn’t have WC insurance, you’ll have to sue them in civil court. This is not legal advice.

[@Nepthu]

Call an attorney. You can go after the employer directly. It's no different than a car accident. If the employer doesn't have wc insurance, they're opening themselves up to a can of worms.

[@cyberla]

What if they fabricate a cause? Literally set you up to fail and then say you were fired for cause?

[@JoeMillerLaw]

It certainly happens. If it's truly and obviously fabricated, and the Commission can see through it, they will rule against the employer. But this may be hard to prove. Of course there is no excuse for insubordination and even though you know you might be set up, the Commission doesn't care. That is probably one of the most common. They are just so crappy to you and disrespect you so much upon your return to the light duty job that you blow up at your supervisor, cuss him out big time. Just shake and stir--instant fired for cause!!! So watch out for that.

[@cyberla]

@@JoeMillerLaw No insubordination. I went gray rock and gave them no response, but by firing they continued my case instead of waiting for me to quit within a week or two. Thanks for your insight.

[@jeremyslawson4833]

I was wrongfully terminated from my last 3 jobs for no fault of my own.

[@JoeMillerLaw]

Wrongful Termination is a whole different enchilada and assuming the termination was recent enough, you may want to consult with an employment lawyer in your state.

[@Nepthu]

Everyone thinks they're wrongfully terminated.

[@garoschminke4059]

Does being fired for cause affect your work compensation settlement? I’m in the situation where I was brought back to work for some BS job and everything you described has happened just in the last 2 weeks.

[@JoeMillerLaw]

It depends on the workers comp laws of your State. In VA, being fired for cause while on light duty will effectively END your workers compensation case unless and until you are taken out of work 100% again for your injuries by your doctor within the statute of limitations since you stopped receiving comp checks and returned to work. In NC, it's not as severe, as it goes by your restricted access to the labor market due to your physical restrictions, even if you've been fired for cause. In VA, the Commission just assumes that you are not working because you were fired for cause. Period. I don't like it, but that's the law.

[@garoschminke4059]

@@JoeMillerLaw what do you mean end my case? I’m still eligible for settlement. And my injury is still covered until a settlement is reached. As long as my case is still open.

[@garoschminke4059]

@@JoeMillerLaw i appreciate your response thank you that was a great video. Just to the point.

[@JoeMillerLaw]

@@garoschminke4059 Again it is difficult too speak to your situation because i do not know the laws in your state, but in VA, even if you are under an Award, if you are fired for cause while on light duty, you will no longer receive your weekly checks unless you are taken out of work 100% by your doctor within the next 24 mos from the date you were last paid .Meaning, your doctor says you cannot work ANYWHERE, not just light duty. Of course, yes, the Medical portion of your Award is not affected. But by removing your "bargaining chip" of the additional weeks of potential future weekly compensation the carrier owes you under your Award, you have significantly reduced the value of your claim.

[@garoschminke4059]

@@JoeMillerLaw I’m in Virginia. Thank you for your response I greatly appreciate it.

[@ent-4749]

Yea they tired to do that sir me n office with a desk duty but they rran iut of work

[@JoeMillerLaw]

Very common. People think it's good they get called back to work on light duty, but it is rarely a good thing. It's usually an opportunity to try and get you fired so the insurance company can destroy your workers comp case. .

[@ent-4749]

@@JoeMillerLaw yeah there pushing for surgery now the doctors are. My L1-L5 n disc all that. So I'ma keep n touch

[@jessicamcgee312]

Wasn't fired they didn't want to pay it