Can my employer lay me off if I am workers comp?

I am a union employee and suffered a pretty back accident injuring my back and my hip. I have been out for six months, mainly because of all the red tape, insurance approvals, many doctors, etc. I just saw my last doctor (orthopedic surgeon) and I need to have back surgery and a hip replacement due to the accident. Our union contract states that they can let an employee go after six months. Is this legal?

I am in route sales and the company is union. I had a bad fall at work and hurt by back pretty bad and also my hip. I have been out almost six months mainly due to the red tape with my employer, workers comp insurance, and having to go to so many different doctors. I finally saw what I think is my last doctor and he advised me that I will need surgery on my back and also a hip replacement. He also indicated that it was indeed due to the fall and not degenerative, as we all know, there is some degeneration as you get older. My union contract states that if you are out of work more than six months, my employer can let me go. Is this legal? I don't have a copy of my contract, but I find it hard to believe they can do that if it has been stated that this was in fact work related. I'm pretty sure I can go back to work after the surgery. I have injured L3, L4 and L5 and the nerve has been pinched and needs to be opened up with surgery. Any advise would be appreciated. Thank you.


Don't make multiple threads to ask the same question.
This is your ONLY warning.

eskimowoman2 said:

I am a union employee and suffered a pretty back accident injuring my back and my hip. I have been out for six months, mainly because of all the red tape, insurance approvals, many doctors, etc. I just saw my last doctor (orthopedic surgeon) and I need to have back surgery and a hip replacement due to the accident. Our union contract states that they can let an employee go after six months. Is this legal?

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You've done the research and discovered what your union contract says.
Sorry, but, you already know the answer.
If the CBA permits it, not much you can do.
You can discuss the matter with a WC attorney in your county.
If have already retained one, see him or her ASAP.
Otherwise, find one, see what he or she can tell you.
You likely have some WC that might still be available to you.

You likely know this site, but here's the link in case you don't:

http://www.dir.ca.gov/dwc/


This explains HOW a person could be paid under CA WC:

http://www.dir.ca.gov/dwc/CaseResolved.htm

I have not read your union contract so I can only answer as to what the law says.

Federal law says you are entitled to up to 12 weeks of protected time off. It does not differentiate between workers comp claims and non-work related claims.

We have a workers comp expert elsewhere on this site; hopefully she can tell you if there are any state laws offering additional protection.

In the absence of a state law that that expressly grants you more time than Federal for workers comp situations, you may legally be let go as soon as your contract says you can be let go. It will not affect your rights to have your medical bills taken care of but the fact that you have a work related injury does not require your employer to keep you employed indefinitely if you are unable to work.

thanks

Thank you so very much for you reply. Greatly appreciated!!!

So glad I joined this forum. Thank you so much for the reply.

You need to clarify what you received. It is normal for drivers in most LTL companies to be laid off according to seniority in the winter and called back in the spring by seniority. There is also a provision in the CBA that allows the company to terminate you after a certain amount of time on ESL. It is unusual for the employer to do so unless they feel an advantage to use it. I have been on ESL for 2.5 years and am written off on ESL until next January, I have not been terminated. Neither should affect your WC directly.