workmens comp

[dreammaker30]

my husband injured his back while working on the job. this happened during a probationary period. He was going for physical therapy. The dr. released him one day and they fired him the next telling him that he didn't meet the minimum requirements for the job. After leaving, his back cotinued to bother him. Without ins. I told him to call the comp. as this was work related and they sent him to their dr's, where they found multiple herniated discs and possible fractures. Our attorney feels it won't go to court since the comp. sent him to their dr.s they are not disputing that is on the job injury. Also they say he doesn't meet the required standards however 2 other men on the job were on light duty, both were sent to work with my husband leaving my husband to lift and work the jackhammer pretty much on his own. Our attn seem to think that this won't even go to court. My question is how long do these cases usually take if they are settled out of court and if this is a permanent injury as it looks to be what kind of monetary settlement can we be looking at since he can no longer work . He is in his late 50's and is finding it virtually impossible to find work.

[pink-kittens]

Are you in the states?
This is a uk based site so you would be better to search out your answer in a US based site

hth

[buildersmate]

In the UK, the employer can't get away with this if an injury at work occurs. No idea about the US.

[JenniferCieslak]

In the U.S., it is against state law to fire anyone for a workplace injury or anyone who has an open case for a federal DOL injury [http://painstopmd.com/waco-tx-dol-workers-comp-doctor/]. However, you did say that he hurt himself during his probationary period and they claim their reasoning to be that he didn’t meet the job requirements. It seems like a really big risk for a company to take considering he injured his back and received treatment within his probationary period. There must be something that can be done about these types of cases, I would think anyway.

[JenniferCieslak]

In the U.S., it is against state law to fire anyone for a workplace injury or anyone who has an open case for a federal DOL injury [ http://painstopmd.com/waco-tx-dol-workers-comp-doctor/ ]. However, you did say that he hurt himself during his probationary period and they claim their reasoning to be that he didn’t meet the job requirements. It seems like a really big risk for a company to take considering he injured his back and received treatment within his probationary period. There must be something that can be done about these types of cases, I would think anyway.