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Injury on job~got fired

Discussion in 'Workers Compensation' started by rnlmorris, Dec 5, 2017.

  1. rnlmorris

    rnlmorris Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    I was injured on the job as a Firefighter with 24 years of service. My knee injury prevented me from returning to the firetruck. However I was able to work in inspections temporarily. 6 years from retirement the municipality I worked for fired me due to the fact that I could not return to my job as a Fire Captain on a firetruck. I retained a workman's comp lawyer and an additional lawyer to file a claim with the EEOC. My previous employer is not stating unless I drop my EEOC claim they will not mediate a worker's comp. settlement. HELP! Any feedback appreciated!
     
  2. cbg

    cbg Super Moderator

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    How long were you out of work?
     
  3. rnlmorris

    rnlmorris Law Topic Starter New Member

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    I was only out a few days with initial injury~ I returned to work on light duty 2 days after injury and worked light duty for 16 months
     
  4. txls

    txls Well-Known Member

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    So what does your lawyer say.
     
  5. hrforme

    hrforme Active Member

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    Definitely need to be talking with your attorneys who know all the details...but some brainstorming....

    What is your EEOC claim? Firefighters are one group where certain discrimination protections are not as strong (such as age and having more BFOQs)

    16 months of light duty with no hope of return to full duty is going to be tough to argue against the fact that they have accommodated you for quite a while. Was the light duty a job that existed prior to your injury and one that they would need to fill after they terminated you? Was the pay scale different such that you were being paid your firefighter salary for a job that paid (much) less than that? WC insurance pays your lost wages, but if the claim closes, your employer may not have wanted to continue your higher wages. But it could be retaliation if they didn't continue at the higher rate, so it might be more to their benefit to terminate you.

    No employer is required to mediate either an EEOC claim or a WC claim. It sounds like they want to force you to take them to court because they think they have a strong enough case to not mediate a settlement.
     
  6. rnlmorris

    rnlmorris Law Topic Starter New Member

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    Was the light duty a job that existed prior to your injury and one that they would need to fill after they terminated you? The light duty was an existing job, and then they hired for the inspectors position July 1 after letting me go April 14th as they said they didn't have the position. Does that make sense~
    Also, they are wanting to settle the workmans comp claim at mediation, I was just curious as to if we could continue with the EEOC claim~they will only settle if we drop EEOC claim?
    EEOC claim is for being fired with a disability~
     
  7. army judge

    army judge Super Moderator

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    GA Firefighter Pension Fund: Fund Forms » Georgia Firefighters' Pension Fund

    GA Firefighter Pension Estimator: Pension Estimator » Georgia Firefighters' Pension Fund

    Doesn't the GA Firefighter Pension Fund allow you to retire with your current years of service credited?

    Will it allow you to retire with a 100% disability benefit?

    I ran some hypothetical numbers using their estimator, its about $150 delta between someone with 24 years, 6 months of service; versus some one with 30 years of service.

    It may not be a fortune, but Workers Comp was never intended to be a disability pension.

    It is a financial bridge allowing a worker to recover and return to full time duty.

    Regrettably it appears you aren't going to be able to fully recover to do the strenuous work a firefighter is called upon daily to perform.

    God bless you, talk with your lawyer to determine your options, but retirement seems a possibility.
     
    hrforme likes this.
  8. rnlmorris

    rnlmorris Law Topic Starter New Member

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    workers comp lawyer says drop EEOC claim
    Employment Lawyer who filed EEOC claim says~ if that's what you have to do? Not much guidance there~
     
  9. rnlmorris

    rnlmorris Law Topic Starter New Member

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    I wasn't looking for workers comp to be a disability pension~I wanted to remain employed as an inspector until age 55 when I could retire~
     
  10. army judge

    army judge Super Moderator

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    I understand, but sometimes we have to consider options that are less desirable.

    At least you have choices, some people have none.

    I'm sure you knew your choices, but it appears the employing agency fears you would be unable to perform the duties of the position.

    What the heck do I know?

    Nothing, but you have two great resources, your attorneys.

    I wish you well.
     

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