Q: Would I still receive lost wage payments after being terminated if I was cleared to return to work under light duty?
Hello, for context I am currently going through workers comp dealing with an on the job injury I experienced a while back. I was cleared to return to work on light duty, and I got called by my employer to come into work upon being cleared. After attempting to clock in for my first shift back, I was informed I was terminated for not coming in for a different shift that I was never instructed to be present for. I spoke to an attorney on this matter and we are working on a wrongful termination case. My attorney does not handle any workers comp however, so I would like to ask a workers comp attorney if I should still be receiving lost wage payments from workers comp or are those off the table since I was cleared to return under light duty before being terminated?
A: It does not appear that you were terminated for misconduct and your employer does not have work available within your restrictions, therefore, I think you should still be receiving lost wage payments from workers comp unless you have reached overall maximum medical improvement (MMI).
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