Q: If fired while on workers comp, can your lawyer fight to get your job back if it was an wrongful termination?
Was fired because I was unable to go into work, I kept calling my supervisor to say I wasn’t coming in but he would just ignore my call.
Also how often should you meet or speak with your lawyer I can rarely get in contact with him. Out of the 3 years I believe we only spoke 6 times and only seen him once and that was for the consultation. Feels like my case isn’t worth anything to him. Almost at MMI with the same pain and no strength.
A:
Your employer has NO obligation to hold your job (beyond the 12 weeks under FMLA, IF APPLICABLE) while you are off on a work injury. Some clients call frequently and some do not call at all. Staff can answer most questions and it is reasonable for answers from your attorney to be relayed by staff.
If you reach MMI in chronic pain and very limited strength, those facts need to have been thoroughly documented, all along. If strength is critical to your profession, you probably need vocational rehabilitation and you may be entitled to a wage differential. If you have been suffering from chronic pain for 3 years, you would certainly benefit from a psych consult. Chronic pain that interrupts sleep can lead to fibromyalgia which is another set of problems/hurdles that would make it increasingly difficult for you to reenter the workforce.
Make notes of this and add whatever other questions you have and schedule a call with your attorney as he/she needs to address these concerns with you, directly.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A:
Getting your job back isn't normally something that a workers comp lawyer can fight for, because it isn't something that can be awarded at trial. However, in negotiation, you can always ask. You need to have been released back to work by your doctor before you can ask to have your job reinstated. Your post isn't clear regarding your current work-restrictions per your doctor.
As far a attorney - client communications go, there is no hard rule hard rule as to how often contacts should occur. Twice a year does seem like not enough.
Tim Akpinar agrees with this answer
1 user found this answer helpful
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