Fired for workmanship comp injury after 12 weeks?

[blacksunshine]

Your HR person needs to get educated on Worker's comp and ADAAA. The 12 weeks most likely is from FMLA (Family & Medical Leave Act) and refers to the minimum amount of unpaid leave time your employer MUST protect your job, your benefits, and return to to the same or an equivalent job upon return.

The ADAAA might have something to say about "No light duty" policies, as well.

The EEOC has stated that it intends to be aggressive in pursuing charges against employers who maintain leave and accommodation policies that are too restrictive, contain automatic triggers or contain strict criteria for accommodations. Employers must be careful to consider whether it is a reasonable accommodation under the ADAAA to provide additional leave or light duty accommodations that exceed the requirements of FMLA, Worker’s Compensation or other employer policies.

For the record - I am one of those low-down, dirty HR professionals....

My Wife is an HR Director for her company and this is exactly what she said....said this must be a small company that doesn't know their poo....

[thaTuna]

Did you go to the company provided doctor or your personal, just curious?

[Z7_Matt]

Did you go to the company provided doctor or your personal, just curious?

Both

[pickles]

This situation definitely sucks. What cracks me up about all this is a lot of guys that posted lawyer up are probably crying about unions all the time. I thought the company should have rights to do as they please?

[PEC]

As mentioned you cannot be fired for a work related injury but you can be terminated while on workers comp for other reasons. The reason the 12 weeks has come up is due to you being covered under FMLA for 12 weeks. So if you do not have a policy covering you for a time period longer than 12weeks. Then they can terminate you under attendance reasons. ....with that said please seek legal help to stop abuse from your employer. Next you might want to look into organizing your facility.

[trad"Doc"53]

I feel for you! I had a job related injury (burned over 76% of body surface with largest part of burns past 3rd degree) and have had to deal with workmans comp for 30 years, they don't care didlly for the worker nor do they try to help in any way. There is also nobody that can make them do what they are supposed to. TAKE care of yourself because your company nor workmans comp gives a rats behind about you!