Can a job fire you because of an injury?

Although your employer cannot fire you because of the injury, he can fire you if he has a legitimate reason for the termination. Your employer can fire you if, after making reasonable accommodations, your injury prevents you from being able to do your job.

Can an employer override a doctor’s note?

The only time it’s illegal for an employer to not accept a note is when the employee has a medical need and is using the FMLA to take time off. The FMLA allows employees to take up to 12 weeks of time off work for medical related needs and the employer cannot retaliate by firing or otherwise disciplining the employee.

How long can a concussion keep you out of work?

Most people can go back to work or school within 1-2 weeks after concussion. Some people will take a bit longer. Recovery is different for everyone. Talk to your doctor or health-care provider if your symptoms are not improving after a few weeks.

Can a person be legally dismissed for having an injury?

In NSW an employer cannot legally terminate an employee for a period of six months (or the length of any accident pay in the employee’s award or agreement) after the employee becomes unfit for work due to a work-related injury.

What is not a work related injury?

Usually, injuries that happen on an employee’s lunch break are not considered work-related. For example, you probably can’t claim workers’ comp for spraining your ankle while walking to a deli to pick up your lunch (or lunch for your coworkers).

Does an employer have to honor a doctor’s note?

It is a common misconception that an employer must honor a doctor’s note; however, the doctor has no legal authority over any business but his/her own practice and cannot require your employer to do anything. An employer’s obligation is to make “reasonable accommodations” to a disability.

Can you work against doctor’s orders?

Your employer is not required to follow your doctor’s medical orders except under two circumstances. FMLA makes it unlawful for a covered employer to interfere with an employee’s FMLA rights or leave or retaliate against an employee for exercising FMLA rights.

How much screen time can you have with a concussion?

A period of total rest should be observed immediately following the concussion, generally not longer than 48 hours. Gradual phasing in of screen time can follow, starting with 5-15 minutes at a time. Patients can maintain or increase electronics use as long as it does not worsen symptoms.

Is concussion a disability?

Generally, a mild concussion does not qualify a person for disability benefits, but some people who suffer mild concussions (traumatic brain injuries, or TBIs) are approved for disability under a medical-vocational allowance.

Can you be dismissed on medical grounds?

Can you make someone redundant due to ill health? An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.

When does an injury become a disability?

In order to receive disability benefits for an injury, one stipulation is that the injury must be expected to prevent the employee from performing their job for at least one full year. There are many more rules, which we can explain to you during your free consultation.

Can you be fired for not returning to work after injury?

You can be fired for cause if the doctor says you’re well enough to perform limited job duties and you refuse to return to work. Your employer also has a legal right to fire you after a work injury, if your absence creates a hardship for the company.

Can you go back to work with a concussion?

Since a concussion isn’t a visible injury, employees might seem ready to return to regular work when they really aren’t. It’s important to respect any work restrictions. This could mean offering a shortened work day, breaks or fewer tasks and responsibilities.

Can my employer push me back to work before my doctor’s clear?

If your employer is pushing you to return to work before your doctor has cleared you, you might need to speak to an experienced Mississippi workers’ comp injury attorney.

How long should I be off work after a work injury?

The doctor will decide if you should be completely off work, able to work with some restrictions, or released to go back to your pre-injury duties without restrictions. Some workers are kept off work until they’ve reached maximum medical improvement (MMI), meaning they’ve healed from their work injury as much as they’re going to.