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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112645
Experience:  20+ Years of Employment Law Experience
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2 years ago I was hurt by a patient at the hospital I was employed

Customer Question

2 years ago I was hurt by a patient at the hospital I was employed by ,after rotator cuff sugery at the hospital I got N infection which resulted in me undergoing additional surgeries ending in a total shoulder replacement ,I am still unable to return to work my employer states that my leave went beyond there policy I was never on leave I was injured while working and subsequently injured during surgery by the same hospital.
I would not have been able to return to work , how ever I will lose out on retirement income from social security and my union because my career was cut short because of this accident do I have any recourse from my former employer. This was workers comp.
Ernest Senior
Submitted: 9 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While you were out on workers compensation, the Family and Medical Leave Act leave runs at the same time as workers compensation. So if you were not at work and out on workers compensation then the leave would be under the leave policy concurrent, at the same time, as well as workers compensation.
If you are permanently disabled, you are entitled to permanent disability under workers compensation. Also, you need to read your union plan to see what it says about early disability retirement as well. Your only recourse though against your employer is under workers compensation, so that would be permanent disability under workers compensation and also reading your union pension about early disability benefits.