|Author||Subject: Re: Replaced!!1|
|thefer|| Posted At 16:57:37 07/19/2001
Last time i check terminate is the same as being fired. I am a bit confused. They can replace you by another employee, which has happened in my case. I am going on 9 months since i filed the claim. The minute i got restictions, my postion went down the toliet and i was in the limbo state and have been while going part time and now i am in even more limbo since being on medical leave for a workers comp surgery. I go back Aug 2nd and i may face that chance that they can't meet the accomindations so if that happens, i will still get TTD till i am released or they accept my restrictions.
It all may come down to how many employees are in the company. But i know that when you have a claim open, they have no right to fire or terminate. If this happens, get a lawyer. I am learning to get a lawyer either way. I had an incident where i would be screwed without one. And i asked if i didn't have one what would happen and i was told i would be screwed. But they can find someone to fill your position and you may lose the postition. If you get released to come back on restrictions why your claim is open. They have to meet them or ins company has to pay for your wages. Now once the claim is closed and tables turn. I am not looking forward to this and getting prepared for this now as i might be coming close in the next 4-6 months. But once the claim closes, if i get released with permaint restrictions. The employer can meet them or fire/terminate me. If i get fired, i may get help. But i am not sure about that till it comes closer. All i have been told is that since my claim was accepted that i will most likely get a disablity rating which in turn will help me out. But that is long down the road and waiting to become medically stationary first. Thanks.
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