When it comes to the subject of firing an injured worker, both the employer and the employees are unsure about the specific laws. This is especially true when the injured employee is currently in the process of working with their doctor on their accepted Workers’ Compensation claim. It is almost known by all employers that they cannot fire an employee based simply on the fact that they were/are injured. If you have experienced the opposite in your situation, call a local Queens work accident compensation lawyer.
Unfortunately, jobs are lost on a daily basis because of injuries. Employers are only obligated to hold the position if there is a contract with the union. Most of the lost jobs are caused by the injured employee being unwilling to do any type of lighter duty work. Many employees feel that the lighter duty tasks are punishment and a threat to other workers.
The employer of an injured employee has the right to create special tasks, and many use the statistics to show their employee that injured workers that perform light duty tasks heal much quicker than those that don’t. If the injured employee refuses the light duty tasks, then the employer can discipline him/her, including firing them.
There are common explanations that employers use to legally fire injure employees; the employee refused to do light duty tasks, they call in sick too many times, or the employee is not properly performing the light duty tasks that the employer has set for them. Right now, insurance companies can deny claim benefits if the injured employee is fired while performing the light duty tasks.
You should always seek legal advice to help with your particular situation. For example, a Queens workers compensation attorney is your best bet.Share This