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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116828
Experience:  20+ Years of Employment Law Experience
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I was injured at work over a year ago but the employer has

Customer Question

I was injured at work over a year ago but the employer has not brought me back to work and has me on medical leave with no return. The employer keeps me on their payroll so I can not claim any unemployment against them with has cause a problem with all my medical issues caused by my work injury. They want me now to sign paperwork through their attorney and then they will Terminate me? I feel there is a hidden agenda behind their reasoning? My question is, would it be better just to resign on the basis of that I can not work or fulfill the duties they want do to my injuries received at said job than to be terminated?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years 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.
Are they still paying you temporary total disability on workers compensation?
Are you able to return to work physically?
Are they offering you a permanent disability under workers compensation?
Customer: replied 2 years ago.
They are not paying me and haven't in a year but keep me on their payroll and will not allow me to return to work unless I'm 100% healthy. I had one surgery last year and another coming up in 2 months. I was severely Shock/electrocuted on the job. They had a doctor write a false report on me trumping all the other doctors reports in my favor about my injuries received.
I've lost $1000's of dollars do to this and their insurance to pay me very little to go away and to deal with all the other issues on my own. They said they will terminate me after I sign the paperwork but I'm wondering if I should just resign before because I think they have a hidden agenda and I will not be able to file any claims against them later if they terminate me.
Customer: replied 2 years ago.
Oh, I have been working another job with difficulties in the meantime but it ends on June 28th then I have to have another surgery in which I'll be down 4 to 6 months for recovery and therapy before returning to any type of work.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
You should be paid for the time you have not been able to work under workers compensation law. You need to contact a local workers compensation attorney because it sounds like they are abusing you here and also they want you to sign paperwork that likely waives your right to sue for anything including workers compensation. You should not sign anything and you should not resign, you SHOULD get a local workers compensation attorney and pursue them for all of the benefits you should have been collecting this whole time and for permanent disability benefits as well.
Customer: replied 2 years ago.
I have talked to an ICA attorney and they will handle the insurance side but they said they can't answer any of the employer side. They wanted me to seek advice on weather it be best to resign or let them term me. My head is spinning over this whole mess and I'm not sure which kind of lawyer I would hire to go after the employer in this matter aside from the ICA/insurance part.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Let them terminate you unless they are going to offer you severance pay to resign. If you have a permanent disability and they are refusing to give you a reasonable accommodation, what you need to do is file a complaint with the EEOC and you would need an employment discrimination attorney locally. Other than discrimination, the only case you have against the employer is workers compensation.

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