I live in Virgnia, worked for this ER about 15 years. It is a small business of maybe 12. I was injured on the job and called in the next morning to report what happened and notify tha I couldn't work. The next day I went in and they said "in writing" I was on "unpaid leave", until I got a note from a Dr. But thay also made me clear my locker, return the keys, and uniform. I believe I was fired. I don't want to work there but want them to pay for their wrongdoing. Also, the Dr's office wanted the WC info. but the ER would not call me back. Then I learned they hired an Attorney, so now I will not speak to anyone including the insurance adjustor. How can I make the most money from my situation? In addition, I check EEOC and ADA web, but mostly for large companies and Fed workers. I need the government to sue for me. No funds for a $10,000 retainer. God Bless You All for the timeless work you do! CKH.
State/Country relating to question: Virginia
EEOC and ADA web sites, no help there. Offered sttlement to the ER, no answer. By the way, Dr. declaerd "disabled" from work.
Hello and welcome,I am very sorry to hear of your difficult situation.VA law does prohibit an employer from terminating an employee for filing a worker's comp claim, which is what the employer should have filed when you reported that you were injured on the job.The employer's violation should normally be reported to the state DOL for investigation.Her is a link to their website. Contact them about pursuing a complaint for lost wages and benefits due to Retaliation by the employer.http://www.doli.virginia.gov/vosh_enforcement/vosh_complaint.html
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Thank you for your help. I thought there would be much more punitive damages for wrongdoings with WC disabilities and Termination.
Answer this one and we'll be done. If I sneakly threaten the company by kindly implying that I would blow the whistle on them, what kind of monetary damages could I incur if I tried to coerce them to settle for a large sum of money, to make me go away?
You don't want to do that as the company could seek prosecution for blackmail or extortion. You can attempt to negotiate a valid claim, but you should not say something to the effect that you will avoid reporting the matter if they pay you money.Here is a summary of the statute and remedies available, not including punitive damages:
F. Worker’s Compensation Retaliation Statute
[Va. Code § 65.2-308]
1. “No employer or person shall discharge an employee solely because the employee intends to file or has filed a [worker’s compensation] claim.” (The work comp claim cannot be a fraudulent claim).
2. The claim must be brought in “a circuit court having jurisdiction over the employer.” At least one federal court has held this action is not removable. Green v. Hajoca Corp., 573 F. Supp. 1120 (E.D. Va. 1983).
3. Right to jury trial: Although several federal courts held the matter could not be determined by a jury, the Virginia Supreme Court held in 1998 that a plaintiff was entitled to have the evidence weighed by a jury. Mullins v. Virginia Lutheran Homes, Inc., 479 S.E.2d 530 (1997).
a. Equitable relief, including restraining violations, rehiring or
b. Actual damages, including Back Pay plus interest at the judgment rate.
c. Attorney’s fees.
d. No punitive damages.
See the following link for more information:
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