Question Detail: My son was put on temporary suspension from work waiting for a decision to go back to work or being let go. He is still in the process of his workman's compensation case (injuries since 4 1/2 years with 3 different falls due to inappropriate conditions at work) They are claiming he did something he was not supposed to do, but he was not aware that he could not do it. He has been at this job about six years. If they fire him can he still continue his case with his attorney?
Answer: Yes, even after being fired you remain eligible for workers' compensation. In fact workers' compensation assumes some employers will fire you after an injury due to physical limitations. So yes, you can continue on with your workers' compensation case.
What is the excuse for firing him? The information provided does not disclose why he’s being fired and that could change my decision if in fact it is drug or alcohol related and somehow is tied to the work related injury. I believe you hit the nail on the head when you ask about his need to have legal representation. I would certainly agree that he needs appropriate legal advice. No question about it.
If we can assist have you son give Barbara a call and she’ll set up an appointment with either Katrina or I. Eventually we all get involved but depending on everyone’s schedule you may see Katrina, myself or both of us on any given day.
Once again, don’t let the getting fired get in the way of being paid your workers’ compensation benefits.