CanI be fired because of restrictions placed on medueto an on the job injury?

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CanI be fired because of restrictions placed on medueto an on the job injury?

I was injured on the job so my doctors gave me restrictions I was terminated because they said that they didn’t have anthing opened for me but there was light duty for other people that they helped. Do I have any recourse?

Asked on August 11, 2010 under Personal Injury, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your employer has to make reasonable accommodations to comply with your medical restrictions.  Reasonable accommodation is a question of fact and is determined on a case by case basis.  It is based on your job duties.  The description of your job duties should be available from the human resources department of your employer.

If the employer is unable to accommodate you, you may be eligible for a disability retirement depending on your age.  The amount of compensation you receive in a disability retirement is determined based on your past income with that particular employer.  It is a percentage of your previous income with that particular employer.  If you want to apply for a disability retirement, the human resources department of your employer should have the application forms and will be able to provide information on the procedure.  If your disability retirement is denied, you can challenge the denial in court.

If you do not want to pursue a disability retirement, but want to challenge your termination by the employer due to your on the job injuries, it would be advisable to discuss this with either your workers' compensation attorney or an employment attorney who handles wrongful termination.  Your County bar association may have a lawyer referral service that can refer you to an attorney.

 


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