on the job injury employeer put me on FMLA
Started by slinger70 , Mar 21 2014 12:10 PM
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2 replies to this topic
Posted 21 March 2014 - 12:10 PM
I got injured falling off the back of garbage truck, employeer told me to open Labor & Industries claim, so I did the claim was accepted and shortly there after they placed me on FMLA. Supervisor has had it out for me since he started for whatever reason. (State of Wa.) I was wondering if it was legal for my employer to put me on FMLA status while I had an open claim with L&I, Also if they can terminate me when time expires. I've been released for light duty weeks ago. In the past they have always offered employees light duty but because my supervisor has it out for me ( my opinion) none is being offered to me.
Posted 21 March 2014 - 01:12 PM
First off, you didn't post a question so it's entirely unclear what it is you want to know. Second, it's unclear what negative connotation you assign to being "put" on FMLA, but there isn't one. It is FMLA that protects you from losing your job for being absent.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 22 March 2014 - 10:14 AM
The FMLA - the law - includes time under WC which protects you from being fired while on leave for being on protected leave. Yes, they can terminate you when the time expires. They can also terminate you before the time expires as long as they are not firing you because you took protected time off - for example you can be terminated while on leave if your job is downsized or you can be terminated at any time if the supervisor doesn't like you for individual reason not protected by law (race, gender, taking FMLA leave, etc.) You can also be terminated if the work http://theworkerscompensationdirectory.com/ injury was due to an unsafe decision you made knowing it is unsafe.
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