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sluggos1

Terminated while on worker comp

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I"m from Indiana an at will state,been on workers comp since July and just got terminated due to "No guidance from the worker comp doctors as to a possible return to work date with regards to the injury" The comp doctors are chosen by the company and they say they have sent all information about my injury and can't give a return to work date because they don't have a crystal ball,

 There own workers comp insurance company case manager even stated she sends all the doctor information to the company also.

 They called me in for a ADA meeting and wanted to know if I could perform any of my duties with an accommodation,I stated I'M not a doctor but 2 of your doctors have given you a work status report which states "NO WORK" so I guess no I can't do any of my job..

 They were the ones to put me off on workers comp to begin with,I had light duty and then they choose for me not to work.My condition worsen while I was off and I have had one back surgery and my have another coming.I'm still in therapy right now and its not helping.

 What are my rights,I'm still getting benefits fits from workers comp but when I get better I won't have a job to go back to,work there over 6 years and have a clean work record. 

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You get TTD until your condition is quiescent + PPI benefits depending on your man as a whole rating. You also get medical care, although expect their doctors to be very hostile towards you.

 

Depending on the extent that your condition would heal or if it

doesn't improve, you may need to consider applying for SSD in the future. 

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The employer's statement isn't inaccurate, and I wouldn't fixate on what w/c doctors say.  Obviously, they don't know when you'll be release to go back to work.  Once you've been absent for three months, the employer's free to let you go.  If they've just now let you go, employer held off longer than law requires.  (It may be that you went into a new 12-month period because your employer goes by anniversary date or fiscal year or something other than looking forward from first date you were absent, but very few employers calculate the FMLA period that way.)

 

Please note that just because workers' comp doctors say "no work", you should at least have an opinion about whether you're capable of doing any aspect of your job.  (It isn't as though what a doctor says = court order.)

 

"What are my rights...."

This is far too broad a question, so you might want to narrow it down.  :)

If you do not have a w/c attorney, you need to consult one.

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Doctor's notes stating an employee can not work are not worth the paper they are printed on to be frank. Your employer did everything right here and exactly what the law requires. They kept you out while on FMLA, and then tried to find out if ADA applies and if they could make a reasonable accommodation. If you didn't even try to work with them on a return or light duty or modifications, they do not have to keep you on the books indefinitely. Per your own admission, you are no longer qualified under ADA.

 

Your benefits under WC continue until you reach the point where you are released to resume some kind of work or are not expected to continue recovering, whichever comes first. WC is not dependent upon having a job to return to, just whether or not you are capable of working. Unemployment may pick up at that point.

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