Employment law, firing a guy on comp?

[lendaddy]

Someone I know was injured on the job. He's a glass installer (large custom stuff). Anyway, he snapped the tendon on his bicep picking up a pane and has been out for a couple months on rehab. Anyway, he found out that his employer dropped him from payroll via the insurance company(they called him and told him he had to go on COBRA) and I'm not sure this is legal. Any thoughts?

[mattdavis11]

Was there an offer made for another "light duty" position, with in the same company, that could have been performed according his doctor?

[lendaddy]

Originally Posted by mattdavis11

Was there an offer made for another "light duty" position, with in the same company, that could have been performed according his doctor?

No, no contact at all.

[ramonesfreak]

perfectly legal in NY unless he was fired in retaliation for filing a comp claim based on facts you posted. employer does not have to hold job open until he recovers

[dentist90]

I don't know about the US, but in Canada it is a no-no to terminate someone while on medical leave. I don't know for sure what the law says about maintaining benefits while off work, however. If he was on a disability/injury claim there is often a waiver of premiums during the time of disability. Time to consult the contract, if he has one.

[mikester]

I just recently went on a 2 week leave via FMLA/CA State SDI. During that time I was required to pay my benefits out of pocket instead of through my normal payroll contributions.

IF he is out on disability it is likely some FMLA leave (unless it is more than 12 weeks maybe?) and if so FMLA guarantees his job (not required to be the same job upon return though) I believe.

In CA, FMLA keeps your job and the state SDI program pays you during a disability leave.

[flashgordon13]

It varies from state to state, but in NJ it's legal. The workers comp insurance would be required to continue paying his medical bills related to the injury until he is released from doctor care for that injury.

[lendaddy]

Thanks guys!

[Oh Haha]

This could get interesting for that company. I would have to believe that they checked with the lawyers before dropping him. If not, I'm sure they will feel some pain.

I have a guy out on comp for over a year now. The only way I know to "let him go" is to settle and pay him off. His injuries aren't in question, it's the fact that we don't have a light duty job that would meet his restrictions. While he is off and now that it's been over a year, his vacations are reduced by a %. This would disuade a person from staying out and still getting vacations.

[williecoyote]

I have a friend in N.C. who tore his rotator cuff on the job. The surgery, and rehab took 14 months. The company handbook said that he had to be back on the job in 90 days, or lose his job. He lost his job.
(This of course is my friend's version of the story.)

[ramonesfreak]

Originally Posted by williecoyote

I have a friend in N.C. who tore his rotator cuff on the job. The surgery, and rehab took 14 months. The company handbook said that he had to be back on the job in 90 days, or lose his job. He lost his job.
(This of course is my friend's version of the story.)

the typical scenario. happens every day

[Oh Haha]

Was he let go or just taken off the payroll so that he will now be paid by the work comp insurance company?

My wife was in HR and we were discussing the situation. He may still be employed but has to pay for his own insurance.

[williecoyote]

I'm pretty sure he was let go. His medical expenses were covered, but I don't think he was paid for his missed time from work. It sounded to me like he was hosed.
I will double check, though.

[lendaddy]

Originally Posted by Oh Haha

Was he let go or just taken off the payroll so that he will now be paid by the work comp insurance company?

My wife was in HR and we were discussing the situation. He may still be employed but has to pay for his own insurance.

I checked on this. They said if he wants his job back he must apply for it. I guess that means he's currently terminated.

[JeremyD]

Big no no in Florida - he'd end up with a big settlement.

[targa911S]

i love florida.

[the]

Originally Posted by JeremyD

Big no no in Florida - he'd end up with a big settlement.

Really?

So getting injured on the job guarantees you a job for life (or at least indefinitely during your injury), no matter how crappy an employee you are, or if biz circumstances change so your not needed anymore, etc.?

[Noah930]

Like others have said, this type of law varies state-by-state. I can tell you how it works, here in California, but I don't know if that will necessarily answer your questions in MI.

First of all, you're mixing two separate issues: workman's compensation insurance and private health insurance. One helps you if you're injured on the job. The other covers all non-industrial health issues. What gets considered industrial versus non-industrial even varies by state. But if your friend ruptured a distal biceps tendon while lifting a heavy object at work, I'd be willing to bet that that would be considered industrially-related in most (if not all) states.

So the rest of his health care bills stemming from this injury (including the therapy) should be covered, regardless of his employment status with the employer. The disability pay he gets (paid for by the WC insurance company) should also continue until he has recovered and is able to return to work. Some people also apply for state disability (paid for by the state), but the amount you get from that is often small, and depends on how much you're getting from WC insurance.

It's illegal (in CA) to terminate an employee while he's injured if the termination is done in retribution for the filing of the WC claim. If the company is just down-sizing, though, it's OK to let an injured worker go. That employment status has no effect on the care given to the employee, though, as those bills are being paid for by the WC insurance company.

However, it sounds like your friend is getting fired and losing his regular health care benefits. Then it would seem like he needs to pay for them out of pocket (via COBRA) if he wishes to continue them. That health insurance would cover him (and his family, if he's on that sort of plan) for all non-industrial medical issues. COBRA is a federal program, and I think eligibility for them lasts for something like 18 months after losing a job.

Employers occasionally flaunt WC laws. I don't know if it's because they don't really know them, or if they think they can get away with it. Don't count on the employer checking with their attorneys prior to firing people on disability. But in order for your friend to fight an unfair firing, he'll have to get a lawyer and all that jazz. Yes, the employer can get into a lot of trouble with the state division of WC, but I think a lot of employers who flaunt the rules think that the now-fired employee is unlikely to find effective legal representation.

Again, laws vary state-by-state.

[JeremyD]

Originally Posted by the

Really?

So getting injured on the job guarantees you a job for life (or at least indefinitely during your injury), no matter how crappy an employee you are, or if biz circumstances change so your not needed anymore, etc.?

Florida has had some interesting history on the worker's comp side. About 6 years ago it was so individual sided there were businesses considering moving out of the state.

It's better - but still pales in comparison to other states.

Back to the original question.

Sure = you can do what ever you want - term him - site business reasons. Just make sure you have a buttoned up case before you decide to pull the cord.

[Hugh R]

Because of my job, I doubled up on the long term disability my employer offers. At least I think I did, I think I'll check in the morning.