Q: The company I worked for fired me recently due to attendance issues, though the only reason I had the attendance issues
was because my short term disability was denied. I have a workers comp lawyer now and he is getting things moving so I can be treated but I've already lost my job.
I would like to add that I did originally go to my own doctor about my first injury and he would not see me since I had filed a claim with workers comp. That and my claims adjuster saying I can't see my own doctor is the reason I did not go to my doctor when I was hurt again. My original injury was my shoulder/rotator cuff and when I went to the clinic the first time I mentioned my back hurting as well but nothing was ever done about it. After I hurt my back again on light duty, my restrictions were ignored by my managers, I repeatedly told my adjuster and workers comp doctors my back hurt. I was never looked at until January 25th of 2019 after months of nagging. The QME doctors diagnosis was ignored Since returning to work my neck was hurt and I've had migraines and sharp pains in my neck shooting down to my hand
A: Far more would need to be known about your medical condition, what your employer was informed about your restrictions placed on your ability to perform your regular job, and many other issues. However, there is enough in your post to suggest that it would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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