Q: My husband was injured on the job, on a piece of equipment that was not supposed to be where it was. He has been....
Out since August 2016. He was placed out of work by a doctor, he had to have extensive surgery and was then in rehab for his knee. He kept up with his company and give them all of the doctors notes. He went back into work last week and they told him that he didn't have a job there anymore that someone didn't renew his contract. The workman's comp checks have stopped and now I'm not sure what to do? Any advice would help?
A:
Unless he was terminated because he filed for worker's compensation, he needs to file for unemployment and find another job. In Virginia, unless there is an employment contract or union benefits he can be terminated at will.
If he is medically unable to work or their is evidence to prove that his termination was retaliation for filing a claim, he should retain a worker's compensation attorney for assistance.
A:
If he was 100% released with no work restrictions, then the employer is not obligated under Virginia Law to give him his job back. However, if he has "any" work restrictions, then the insurance company for the employer may be required to pay him workers' compensation. Also, if he had surgery on the knee, then there probably is going to be a permanent impairment rating. The minimal rating if often 10%.
You need to call a workers' compensation lawyer to find out if you can pursue both or either one of these claims.
This is my opinion based on 35 years of workers' compensation practice.
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