I am currently recieving workmans comp. My attorney advised me to check into filing a retalitory discharge. I am having a very difficult time finding a lawyer for this type of case. I really don't know where to look. I don't have money to put down as a retainer, d/t the lack of finances related to losing my job. I hurt my back at work 6/05 and was placed on light duty w/o X-Rays or anything.
I called off for 1 wk and was terminated because of the call-offs. I am still recieving TX and possibly may need surgery. I have been told I will not ever be able to work as a nurse on the floor again.
What do I do? Where do I go?
Who should I seek out? Can you help?
Thank-you for taking the time to read this.
Attorney, Cliff Horwitz:
A retaliatory discharge claim is rarely filed because they are difficult
to prove under the current law and it's difficult for the atotrney to be
paid for his time. On the other hand, they can be worthwhile cases if
the facts are right.
If you can demonstrate the following 1) a good work history; 2) they
fired you because you filed a wc claim; 3) you could have returned to
your job, then you could have a viable claim.
Your WC lawyer is in the best position to file such a claim and if you
have a claim you should pressure him to do so.
Isn't that why he is representing you? If you have a viable claim, he
should file it.
A retaliatory discharge claim is rarely filed because they are difficult
to prove under the current law and it's difficult for the atotrney to be
paid for his time. On the other hand, they can be worthwhile cases if
the facts are right.
If you can demonstrate the following 1) a good work history; 2) they
fired you because you filed a wc claim; 3) you could have returned to
your job, then you could have a viable claim.
Your WC lawyer is in the best position to file such a claim and if you
have a claim you should pressure him to do so.
Isn't that why he is representing you? If you have a viable claim, he
should file it.