I was in Savannah, GA. attending a seminar at my employer’s request. On Thursday, 9/21/06, I slipped in the bathtub and suffered a spiral fracture of the fifth metatarsal bone in my left foot. As a result of that injury, I had to undergo a four-hour surgery on 10/11/06 to repair the fracture. I have not been able to return to work due to doctor’s orders. Last Friday I got a phone call from my supervisor who told me I was being terminated. Jodi Ginsberg responds: I am happy to speak with you about your case; your injury; rights to benefits; specialized medical care; potential lump sum settlment and reason for termination. I am curious why your employer called you to terminate you. Is it due to the time missed from your injury? Are you on TTD (temporary total disability) benefits while on the no work status? If so and there is no reason to fire you other than injury then this termination may actually help your case. If you are being terminated because of an on-the-job injury, you may be gaining additional leverage to obtain more weeks of TTD benefits, and perhaps a larger lump sum settlement. Assuming that your doctor releases you to either light duty or full duty work, the question becomes whether your employer has a job for you. If you have been terminated, this question is more difficult to answer and you can use this uncertainty to argue for a larger settlement. In addition, when you settle, your claims under the Americans With Disabilities Act might be part of the negotiations. As in any workers’ compensation case, timing and leverage are all important. Knowing when to push for settlement and knowing how to use the circumstances of termination for the benefit of our clients are part of what workers’ compensation lawyers like me do on a day to day basis. [tags] employee terminated after suffering on-the-job injury, workers compensation settlements [/tags]
I Was Terminated After Reporting My Workers Comp Injury – Will That Hurt My Case?
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Attorney at Ginsberg Law Offices
Attorney Jodi Ginsberg represents employees who are injured on the job and who need medical care and missed wage benefits available under Georgia's workers' compensation laws.
Darryl says
Dear Jodi,
I have worked for my employer for 20 years. Due to the type of extreme work that I did, over a period of time I damaged my spine and was told I had 2 herniated discs, one in my neck, the other in my lower back. Both areas also have bone spurs. The first WC Dr. I went to told me I had a pulled muscle and sent me back to work Full duty. I had an MRI, which clearly showed the damage, but this Dr. chose to withold the results from me and off I went to work! Knowing I could not perfoem my job, but under the threat of termination, I did as instructed. I could not stay the day and left, got another WC Dr. and when he saw the MRI, he told me about the damage. I eventually had surgery on my lower back which has not helped very much and another MRI revealed that the disc is still slightly bulging hence the pain I feel daily. The “well known” surgeon, has chosen to release me to work on light duty and has changed his mind about my neck. Apparently he has decided that it is due to “age” (I am 45). He refuses to treat my neck and has become defensive and evasive in my dealings with him. It is like all of a sudden he is done with my treatment even though I am only half way treated. I am in constant pain and cannot do anything! By the way, my job was loading 8,000 pounds of freight a day, and this Dr. says it suddenly has nothing to do with 20 years of that! How can a Dr. turn on his patient like this? WC has been as unhelpful as they can be. I know the Dr. has been told by WC to end his treatment and get rid of me. What is my recourse? I am young, have a young family and can’t go on in this pain and do not feel that I deserve this lack of medical care.
Thanks for your help!
Injured worker says
First, This is clearly medical negligence ! Seek legal advice in regards to that ! I know most lawyers won’t touch your negligence case with a ten foot pole ! These doctor’s are treating insurance companies ! They try to make it look like they are only serving one God . But there not !
It’s not that this doctor turned on you ! He was never on your side to begin with ! Sorry , But I must tell you the truth !
Most lawyer in WC don’t deal with other issues that will arise out of a workman’s comp claim . Like , Medical Negligence , Slander, Product Liability, etc etc.. They normally only do WC cases.. It’s not to say that you have not been violated in other ways by the doctors,employer/insure etc etc.. It would be nice if these tail tucking claimant lawyers would legal press these Crooked Doc’s . And don’t go to the Medical Board because you will be wasting your time.
Too Bad your not feeling better after the surgery! Your lucky to get the surgery .Looks like you may require some other treatment and possibly another surgery.
Pro Se
MC says
I was told to resign from my work after 3 years of work. Will that enter fear with my WC case and benefits? I have to look for another job that will suit my limitation and restrictions. Other jobs don’t want injured folks!
What can I do?
Thanks for the help!!!!