Fired After Injury on the Job
FAQ,Personal Injury,Work Injury,Workers' Compensation - August 26, 2015 by Horwitz, Horwitz & Associates
Question:
I am currently receiving workman’s comp.
My attorney advised me to check into filing a retaliatory 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 receiving 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?
Answer:
A retaliatory discharge claim is rarely filed because they are difficult to prove under the current law and it’s difficult for the attorney 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.
