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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 18856
Experience:  Lawyer and legal specialist.
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Ely! My name is ***** *****, in 2014 I had been out of work

Customer Question

Customer: Hi, Ely! My name is ***** *****, in 2014 I had been out of work for 2 weeks, because I felt at my left knee. Than I had a therapy and because my doctor told me that I 'll need a long treatment, a had a worker's compensation case. Now , after 1, 5 I should receive a check, but at my work they collecting signatures against me, to get read of me, because I have to get money from worker's com. Am 57 years old, that should I do? I don't wont to receive that check, I don't wont to lose a job... Please, let me know, If I can refuse to get that check ?
JA: Thanks. Can you give me any more details about your issue?
Customer: I had injured my left me and doctor told me that it 25% lost.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes, please, but I need to know, if they have rights to fire me after that check.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me. I am currently away from the site, so I will open this up for other experts so you can get an answer quickly without having to wait for me.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
All the best!
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

If you have been out of work since 2014 due to a medical injury, there really is not much that you can do to protect the job. Worker's compensation is insurance. It is just intended to make sure that if you are injured on the job, you are covered for the medical injury. WC does not, however, protect your right to return to the same job that you left due to the injury. It is for this reason that the Family Medical Leave Act had to be passed, and that law is used in conjunction with WC when a person is injured on the job. However, the FMLA is limited in scope and only protects your job for up to 12 weeks in a 12 month period. If you have been out of work since 2014, your job protected under the FMLA has lapsed many times over and the employer legally is not required to return you to employment, even if you have been cleared to return.

The WC check, in this situation, isn't the issue. It's not the reason you wouldn't be allowed to return, so you actually have no legal reason to refuse the check because it won't legally compel the employer to take you back on the job.

I wish I could tell you differently here, but your best recourse is to accept the check and then apply with the employer as a means of trying to get a job with them. If they have openings but refuse to hire you, then you can claim that they are refusing to hire you solely based on the fact that you used WC before, and that is illegal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service so that I receive credit for working with you today.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.