Q: I have a herniated disc in my lower back that occurred on the clock at my now former employer.
The injury was directly work related, the company does not carry workmans comp, I have taken a position with another company where I have health insurance, but I was terminated one week after giving a two week notice . In an effort to keep the company from financial trouble, I refused all suggestions for filing a claim. But now with being unceremoniously terminated there is an attempt to withhold my final check also.
I have no options other than back surgery , under the circumstances, do I have any recourse in seeking compensation for my injury?
A: I hate when that happens. Your employer could be either a nonsubscriber or it could be a "self-insured". If it does not have wc at all it may have what is known as "a defined benefit plan" that is governed by ERISA, meaning if you did not waive your rights (you accepted the ERISA benefits) you may pursue a negligence claim.
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