Re: Laid off while out on disability
I'm not sure about the laws in your state, however my question is was this a work related injury and are you or were you recieving workers comp checks?
I injured my back 11/2006 at work and went out on W/C. Had a level one spinal fusion 5/2007, then had the hardware removed 5/2008. I was released back to work with restrictions in Nov 2007, however we learned very quickly after two weeks that it was just not possible for me to do the work even with restrictions, so my doc took me back out of work indefinatley. I received a letter that was dated Dec 3rd 2008 and I recieved it on Dec 6th 2008 from HQ, stating that if I didnt return to work by Nov 21st 2008 I would be terminated. I was little shocked being that I had already been terminated a month before they even sent the letter out. Not that it would have made a difference anyway as I was not returning to work anytime soon, its the simple fact that they had already term'd me a month prior to sending out the letter saying I had to return that I had an issue with.
I recieved another letter shortly after that that all of my benefits had been cancelled and that I could either cash out or roll over my 401K.
Even though I have terminated I am still recieving biweekly W/C checks, they are still paying all of my medical and pharmacy bills.
The only thing that I have been told is that I can not sue the company for the injury as long as they are paying me W/C checks.
My understanding is that I am very lucky that they are still paying me and kept me on payroll for 2 yrs post injury, but many believe that they are continueing to pay me because they know they are at fault and are trying to avoid this going to court.
Now that i've been terminated though, I am in the process of seeking an Attorney just in case problems start to arise.
I live in Va. by the way.