Legal Question in Disability Law in Indiana

Injured on job- got terminated. Can they do this?

I injured myself on the job and ended up having a spinal fusion, which did not work. I had another spinal fusion and I have signifigant nerve damage in my legs and feet. I also still have nerve compression which I am hoping is from scar tissue, which boils down to chronic pain. When I went on Long Term Disability which is when I was off 6 months from work, they terminated me!. Do they have the right to do this?


Asked on 5/01/99, 10:15 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Injured on job. May employer terminate empee?

Employers are obligated to make a reasonable

accommodation if the handicapped employee

requires the accommodation in order to perform

the ESSENTIAL FUNCTIONS of his or her job.

Your query provides none of the necessary information. For instance, you don't say what job you had, whether you asked for an accommodation, whether you got one, etcetera.

You only say that when you went on Long Term

Disability after 6 months' absence from work, your employer

terminated you. What was the prognosis of your medical problem?

What did your doctor recommend?

What did you tell your employer?

Without more info from you, I feel comfortable in saying only the following:

If your job was necessary in the company,

someone had to do it. If your job was

unimportant, then they could get rid of the job

and would not have to continue your employment.

Also, if you told your employer as little about

your

future intention to return to work as you told us at lawguru,

your employer had a right to terminate you.

To be sure, get yourself off to a local employment attorney,

who will be able to open you up and get all the

necessary questions answered before giving advice.

Read more
Answered on 5/21/99, 6:43 pm


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