Ostroff, Fair and Company
*Ostroff, Fair and Company>>>Law & Legal

I injured myself at work. Been on workers comp for 3 months. Got cleared and now find i out i don't.....?


have a job. What kind of legal action can i take? If i sue, can i just sue to get my job back or what? I live in florida.

In most states the law requires that you are returned to the same job or to a job of equal standing and pay. Under the workmen's comp laws we as workers give up our right to sue and in return we are granted these rights. If the company fails to meet these obligations then It might be time to talk to an attorney.

OH, BTW, it is illegal for your pervious employer to tell if you have had pervious workmen's comp claims without first getting your consent to do so. It is in fact an illegal disclosure of your medical history for a company to give out that information without your consent. Source(s): MBA degree in OB/OD
If it's an at will job they don't have to take you back.
鈽?
You have really hurt yourself already when you filed for comp, and got hurt on the job.You may not get a job since you filed for comp for a real long time. I do not think I would sue for anything, because this will only hurt your work history more.I think if you got the job back, they would really make it so hard for you that you would quit.Go back to college is what I would do. Try to improve yourself that way,because you will not be employed for many years to come. Comp.really messes you up on your work history.Best Wishes!
If you worked for a company that is large enough to have to abide by the FMLA (Family medical Leave Act) laws, they probably ran your worker's comp leave concurrently with your FMLA leave, which would have made you eligible for a total of 12 weeks of leave time. They probably terminated you at the expiration of your available leave time; it's legal for them to do this.

If that isn't what happened, then speak with an employment attorney in your area. Yes, your suit would be for reinstatement plus lost income for the time between your termination and rehire dates.
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