So, you were hurt at work in Virginia and were terminated. Sadly yes, you can be separated from your employment but only within certain limitations. Here is what you need to know: Retaliation is not a legitimate reason for termination If you were fired as retaliation for filing a workers compensation claim, you may [...]
Virginia case law has held that, when your employer gives you light duty work to do that’s within your work restrictions given by your workers’ compensation treating doctor and then fires you for cause, your workers’ compensation benefits may be terminated for good. “Cause” for being fired could be a violation of a minor [...]
If I’m Being Paid Workers Compensation, Can I Quit My Job? Video Transcript Some injured workers ask the question, “If I’m being paid workers compensation, can I quit my job?” The answer is yes and no. You can quit your job but I strongly advise that you speak with [...]
This is a common question and the answer is yes you can be fired. I know this is a very scary concept for anyone, especially after a serious injury. However, there are things that can protect you. You can apply for FMLA (Family Medical Leave Act) while on workers’ compensation. This is a Federal [...]
Understandably, many people who are injured at work are concerned about their jobs. They are afraid that if they cannot perform the duties of their job, they will be fired. Unfortunately, the Virginia Workers’ Compensation Act will not prevent the employer from firing you if you cannot work. However, if your work injury is [...]
Injured Workers Law Firm helps protect injured workers from an illegal or improper firing or termination when they make a workers' compensation claim. Video Transcript It is illegal for an employer to fire an employee for filing a workers comp claim, so usually, this does not happen. However, in [...]
Sadly, when injured workers go back to work, there could be problems when returning to work. Especially before they are medically ready. They can suffer new injuries or a re-injury that sets their medical progress back. Most of the injured workers I talk to are anxious to return to work after their work accident and [...]
What It Means When Your Doctor Releases You for "Light Duty" After a Work Injury A work injury prescribed for light duty means you can go back to work. Whether your former employer will make a job available for you may be an issue, and you might want a Richmond Workers' Compensation attorney to [...]
First of all, if your employer won’t let you come to work while you're on light duty restrictions, don’t take it personally. Many employers out there simply don’t offer light duty work and others may have some light duty work but it may only be sporadic. Your job as the injured worker is to communicate [...]
Not at all! The Functional Capacity Exam (FCE) is an exam where a physical therapist has you do a series of movements and measures your strength and range of motion. This usually means that you have reached a medical plateau and the doctor does not expect any more significant improvement. This DOES NOT mean [...]
