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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience:  Employment/Labor Law Litigation
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I was recently injured at work by tripping over a curb, I initially

Resolved Question:

I was recently injured at work by tripping over a curb, I initially tried work comp. but the work comp insurance company was making me jump through hoops and not providing care.
I went to my Dr. And got an MRI on my knee which showed a tear.
I am now getting set up for treatment with an orthopedic surgeon.
My employer seems to have developed a somewhat hostile attitude toward me now by ignoring g me and taking away some of my job responsibilities. I feel they are getting ready to fire me.
I live in I Diana what is my recourse?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.
Hello, my name is XXXXX XXXXX X look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

I would first hire a local worker's compensation attorney to press your WC claim through, noting that your doctor found the tear and is working through correcting that issue.

The second issue, the hostility, is more difficult to approach. There is not a specific statute making it illegal to be hostile to you, but there are court cases which have stated that it is illegal to terminate an employee for engaging in their statutorily protected right to use worker's compensation. Furthermore, other cases have found that hostilities being directed at those using worker's compensation amounted to "constructive discharge" where those employees quit.

You have to address this first with the employer though. Confront the individual in a letter or go to HR, stating that these removals of responsibility and hostilities came after your use of WC and that, if it doesn't stop, you'll be forced to hire an attorney to address the issue. This takes away any defense of the employer that they weren't give the opportunity to cure the issue.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 4 other Employment Law Specialists are ready to help you

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