WRONGFUL TERMINATION FOLLOWING FILING OF WORKERSS COMP CLAIM

Topic moved to workplace injury by Administrator

I AM NEW TO THIS NOT SURE IF THIS IS HOW IT WORKS BUT I WAS TERMINATED BY MY EMPLOYER AS HE TOLD ME FOR PERFORMANCE, HOWEVER, I HAD BEEN WORKING WHILE INJURED ON THE JOB FOR 2 WEEKS. HE TERMINATED ME 5 SECONDS AFTER FILING THIS REPORT.... DO I HAVE A GOOD CASE....? I FOUND OUT I WON MY W/C CASE TODAY.

From your short post firring an employee for filing a Workman's comp claim is illegal in almost all states. Contact an attorney. Also what state are you in?
JoeC (McGruff)

OK TY AND CAN YOU TELL ME IN ILLINOIS WHAT AM I TO EXPECT TO GET SINCE I WON MY W/C.. I WAS ONLY TOLD I WON .. WHAT AM I ENTITLED TO IF YA KNOW... ILLINOIS

AND WHY WOULD THIS NOT BE TOPICED UNDER WRONGFUL TERMINATION?

Please turn of the caps lock. Your asking about what in law is known as remedies. The plaintiff generally will be able to recover at least the amount of wages, including fringe benefits, lost between the date of discharge and the date of trial The plaintiff also may be able to recover future lost wages.
In a jurisdiction viewing the action as one in tort, punitive damages and damages for emotional distress may be recoverable ,and other common law remedies.

For more specific information you need to contact an attorney in Illinois. Since this stems from an injury this board recommends this site http://www.injuryboard.com/
JoeC (McGruff)

alpha wrote:AND WHY WOULD THIS NOT BE TOPICED UNDER WRONGFUL TERMINATION?

It is a wrongful termination however since it involves a Workman's comp claim I moved it so posters more versed in Workman's comp law will view it. You are correct it is a wrongful termination violation of Public policy.
JoeC (McGruff)

What if I had pre-existing herniation along with bone spurs in my neck and arthritis in my neck and during this accident; I may have aggravated those injuries. The only reason I ask is because my arm and hand started becoming numb, and tingly when I turned my neck to the right, and looked downs along with I have to pop my neck continuously to relieve pressure built up or unpinch my nerves. But I could control the numbness and tingling, but could the lifting of a very heavy box aggravated this neck and would they be responsible for that as well?

I thought you said the Workmans comp issue was setteled? Did you have an attorney during the Workmans comp issue?
JoeC (McGruff)

Yes I have an attorney, we split the case up, and did the shoulder injury first, since it was easy to prove.

We don't second guess attorneys here. If you have an attorney you have to bring that issue up with your attorney.
JoeC ( McGruff)

im not asking for 2nd guessing im asking for an outsiders opinion is all i dont know if it feasable is

What did your attorney say? Did you ask him/her?
JoeC (McGruff)

hes out of town right now i y im asking another ..... also could you tell me what a right to sue letter is from the EEOC and is it a good thing or a reject?

Look your not text messaging here there is unlimited character use, so there is no need to write like that. Do me a favor and use standard spelling,and sentence structure.

A right to sue letter is issued by the EEOC or comparable state or municipal civil rights agency. It means you can proceed to court and file a pleading. There are time limits once the right to sue letter is issued. It does not matter if the EEOC finds cause or not. Why do you ask did you file a discrimination complaint?
JoeC (McGruff)

If you already have an attorney, your best bet is to ask him/her all these questions. Best of luck to you.