Thread: Laid off while out on workers comp..

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  1. #1 Re: Laid off while out on workers comp.. 
    I live here. stealthee's Avatar
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    They can't fire you while on work comp. Definitely talk to a lawyer who specializes in labor relations.


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  2. #2 Re: Laid off while out on workers comp.. 
    GT Level Member 04BlackComp_G's Avatar
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    Agreed. You cannot be separated from a job while on workers comp. I'm dealing with a similar situation as yours and I still have my job, by federal prohibits your employer from doing that. Definitely talk to a lawyer.
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  3. #3 Re: Laid off while out on workers comp.. 
    I live here. stealthee's Avatar
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    Hell my brother blew his knee out while working for Shop N Save 3 weeks after he started. With the required surgery and everything he was on work comp for 2 or 3 months. He went back to work and quit two weeks later to take another job. So he was on work comp longer than he was actually employed and there was nothing they could do.


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  4. #4 Re: Laid off while out on workers comp.. 
    GTX Level Member J GTP's Avatar
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    From what I gather, as long as your doctor feels that you are actively trying to get better but your condition hasn't improved enough to go back to work, you are entitled to workers comp for a certain amount of time.

    Welcome - Tennessee Department of Labor and Workforce Development

    If you scroll down a bit there, you can see the amounts of time you are allowed to collect workers comp for various types of injuries. It doesn't specify wrist, but I imagine you would be somewhere between 150-200 weeks.

    After that time, I'm not sure what happens. I think you if you're not healed by then, you would get offered a cash settlement or possibly continue workers comp if your doctor feels you're close to recovery.

    I can't imagine a wrist injury is going to take 3 years to heal though.

    Bottom line: You should contact a lawyer. Unless there are other circumstances you haven't mentioned, it sounds like you have a pretty clear case even without them making you wait to go to the ER.
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