Do I have a wrongful termination case based on my ongoing WC claim?

Answered on Feb 16, 2015

Unfortunately that is a very common scenario. Insurers and employers often have an economic incentive to part ways with an injured employee. Then they do not have to pay ongoing wage loss because your wage loss would be about something other than the injury. The insurer often pressures the employer and open them up to the type of liability you are talking about – it is called a Shick Claim. It would only apply if you are a nonunion employee. If you are a Union employee you should grieve it ASAP. Another avenue of liability is under the Americans with Disabilities Act, since you might have an impairment that affects a major bodily function. I like to argue these other avenues of liability because it does change the dynamic of a claim. You need some help, either they stopped paying you or they are setting up for a petition to stop wage payments. Any attorney that handles WC cases will generally consult for free, you should take someone up on that. Good luck.