days missed do to a injury
I have hurt my back three times in the two years I have worked for this company. The first time it happened at work and it was an approved work comp case. The second time was right after I returned from a 3 month layoff and I was out for 2 weeks, but due to the layoff I no longer had the 1250 hrs required to get fmla. So I received attendance points. The third time was recently and still due to that layoff, I didn’t have 1250 hrs. So again my fmla wasn't accepted. I received attendance points and was fired. Now all three times I was injured, I went to physical therapy at the clinic that my company deals with, and all three times I called and set up an fmla and short term disability claim. All but one s.t.d claim was accepted and that was due to the doctor never having filled out the forms. The third time I didn't have enough hours to get fmla. I was sent back to work with restrictions. The day after I left early due to a high level of back pain, but they said they could not accommodate them and therefore was out for 2 weeks. Upon my return I was led back out the door and told I was suspended until further notice. They called two weeks later and told me I was fired.
Gather up all your documentation and file a claim. There should be no misconduct found for the reason for termination because the attendance issues were caused by an injury.
I would also ask if episode 2 & 3 were caused by the original injury for which you had a worker's comp claim.
I don't know a lot about how worker comp works, but you can bet I'd be checking my state website to see if something was done incorrectly by the employer .. I might even cough up the money to talk to a lawyer who specialized in worker's comp.
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