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How can I make sure that I don’t get fired from my job if I can’t work due to an injury from a car accident in Groton, Connecticut?

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

Blog Category:
6/20/2013
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Short of a rock solid employment agreement with your employer there is never a guarantee that you won’t get fired from your job. In Connecticut, the employment at will rule is the law of the land. The employment at will rules means your employer can fire you for any reason or no reason at all. Your only protections are specific rules that might happen to apply to the facts to your situation. But they are few and far between. Also, just think of this for a second. Assume that you are seriously injured from a car or truck accident in Groton, Connecticut. Also, assume you’re your injury is so serious that you are totally disabled from work. This means that you simply cannot due the job due to your injury. For example, you assume you have a herniated disc at the L4/5 disc space confirmed on MRI and you suffer from numbness and pain down the leg, and pain in the back so you can barely move. You are taking Percocet to control the pain. There is no way you can do your job. Also, assume that your doctors want you to have a discectomy at Lawrence & Memorail Hospital in New London, Connecticut followed by physical therapy at their facility Pequot Medical Center in Groton, Connecticut. Lastly, assume that you will be out of work for no less than fifteen weeks. This about this—if you are going to be out of work for fifteen weeks, then who did do your job for your employer for those fifteen weeks? Will no one do the job? Will the work just not get done? Will your employer close up for those fifteen weeks? Will the employer have to hire someone else to do your job for those fifteen weeks, and then after those fifteen weeks will that new employee that filled in for you be fired? What happens when you are not there? Now you can see the dilemma that your employer must deal with when you are injured and cannot work. And you can probably see why the law does not give you absolute job protection when you are disabled from work, even when the accident that caused your disability was not your fault. So, how do you protect yourself? First, the best way to protect yourself is to have a basic understanding of the laws that do apply to protect disabled workers, and then take appropriate steps based on your situation. In the field, employment law, personal injury law, and workers compensation law merge, and the law can get pretty tricky. So, you probably should consult with a lawyer. But here are some basic principles that you should know. The Family and Medical Leave Act give you a certain number of unpaid leave from your job due to a serious medical condition. In Connecticut, both the federal Family and Medical Leave Act and the state Family and Medical Leave Act will apply so both must be reviewed. Second, some employers (not many) will have company policies that allow leave. Third, some employers will allow you take a leave of absence. This is not mandatory, of course. Fourth, if your injury occurred on the job you should file a Worker’s Compensation Claim. Fifth, if you are using any of the rights under the Family and Medical Leave Act or the Workers Compensation Act, then your employer cannot retaliate against you (fire you) for exercising your rights under those acts. In conclusion, there if you simply cannot do your job because of an injury your employer’s only obligations to you are to give you the benefits found in the Family and Medical Leave Act, the employer’s own internal policies, and no more than that. The first step to protect your-self is to know the rules of the game.

If you have been seriously injured in a car accident in Groton, Connecticut contacct the Groton car accident lawyers at The Bartinik Law Firm, PC at 860-445-8521 or toll free at 888-717-4211.



Category: Employment Law


1 Comments to "How can I make sure that I don’t get fired from my job if I can’t work due to an injury from a car accident in Groton, Connecticut?"

Thank you for your article. I found this useful.
Jon A. Lafferty,Car Accident Lawyers Lima, OH"
Posted by Jon A. Lafferty on January 21, 2017 at 02:10 AM

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