Fired while on workers comp

[vadette2004]

I was injured at work and filed workers comp. This is the third workers comp injury I have had with this company. I have been employed for eight years. While still hurt they fired me stating I was below company standards. I am 53 years old Data Entry Coordinator. I have injured my Back and both Wrists. Which I am still being treated for. Do I have any recourse to sue for my injuries other than workers comp. Do to nature of injuries I am almost unemployable by anyone else

 

[Peppermint]

Does FMLA apply?

 

[vadette2004]

No I was put on restricted duty. Had surgery after they fired me for injury

 

[Peppermint]

What does being put on restricted duty have to do with eligibility for FMLA? Is the employer too small (less than 50 employees at your job location or within a 75-mile radius) to be subject to the Act?

You cannot be fired BECAUSE you filed a Work Comp claim. You CAN be fired if you are unable to perform the primary duties of your job because of the conditions, UNLESS FMLA applies.

 

[vadette2004]

I do data entry work and I was restricted from any repetitive duties. They had other duties for me so I was able to work. But I still had to do my data entry work. Which was repetitive duties. They were using other employees to assist me. It got to the point that nobody was available. So FMLA does not apply in this case

 

[cbg]

Okay, let's try this again. Please answer the following questions:

1.) How many employees does this employer have within 75 miles of your location?

2.) In the 12 months immediately preceding your injury, had you worked 1,250 hours?

3.) How much time, including both full and partial days off, did you miss related to this injury?