Legal Question in Workers Comp in Alabama

Terminated after filing workers comp claim

On the 06-03-04 I was doing a repair to a DC-9 aircraft when I started to feel pain in my left shoulder. I reported it to my supervisor who then filled out paperwork and sent me to Hosp. The doctor told me I had a straned trapzious musle. and told me to take 24 hours off work. On the 06-07-04 I returned to work. My supervisor tells me that he was told to watch me because they were afrade I would file a claim. Also he told me they were going to ask people to take time off till the 07-06-04 when things were expected to pick up. I continued to work even though I continued to feel pain in my left shoulder. On the 06-16-04 I went to the doctor to have my left shoulder looked at as the pain was getting worse. Dr. put me on restricted duty. Also I was told I was being scheduled an appointment with ortho. and not to return to work till after evaluation by ortho. I reported this to employer. I kept my appointment and was told I had brusitius in my left shoulder and I was given the status of return to duty with the restrictions. I reported this to employer human resources. I was then told that I had been terminated. I asked why and was told because of poor performance. I was a top producer with low errors. Do I have a case.


Asked on 7/13/04, 12:59 pm

1 Answer from Attorneys

John Totten Burgess and Hale

Re: Terminated after filing workers comp claim

Yes, you have two very valid claims, given the fact scenario you submitted. First, you have a worker's compensation claim for your on the job injury. Next, you have what is called a retaliatory discharge claim for your termination. Our offices are centrally located in Birmingham, and we handle cases like yours throughout the State of Alabama. Give me a call if you would like to discuss your rights further, John Totten (205) 725-4466

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Answered on 7/13/04, 1:59 pm


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