Answered on Oct 21, 2014
Honestly, you probably will not be fired because of forgetting about the prior injury, it will probably be because you were hurt. Maybe I am jaded, but I see it as a claims management technique all too often, someone gets hurt, they get minimal treatment to get them back to work (often without the surgery they need), they begin making wages in the same amount as before the injury then they are terminated for misconduct. There can be an automatic suspension in these situations without due process or a hearing – make sure you talk to an attorney the minute you get one of these forms and do not sign anything until you talk to an attorney. Also, you should be able to get the surgery if the injury is truly work related even if they do not fire you – which could also lead to a period of wage loss benefits even if you are fired for misconduct. It is a messy process, keep pushing but do get help, they have attorneys trying to make sure you don’t receive benefits and nurses and attorneys making sure you are not treated, get some help yourself. I would be curious to see who you are treating with, you can pick your own doctor now (post 90 days) and you should.