What if they don't have a job for me?
Losing your job because of a work-related injury is a devastating and frightening thing, but the fact is that it can happen. If it happens to you, there are several things you can do about it.If you lost your job because your injury has left you unable to work anywhere, you have a right to claim permanent total disability. In addition, you would have the right to claim social security disability benefits. These are very difficult claims, and the insurance companies rarely pay them without a big fight. If you think you have such a claim, call us right away.
If you lost your job because of your injury, but feel that you can do some other work, you may be eligible for retraining. If so, you can receive two-thirds of your wages while you are being retrained. To get this, you first need to contact the local office of the Division of Vocational Rehabilitation. The DVR counsellors are always ready to help, but the process can be complicated, and the insurance companies often fight such claims. Again, call us and we will let you know what your rights are.
If you lose your job because of your injury, but find other work, you may have a claim for increased permanent disability because of loss of earning capacity. This is only true of certain disabilities, such as back injuries, or lung injuries. This kind of claim requires the use of a vocational expert, and, again, insurance companies rarely pay such claims without a fight. If you think you have such a claim, call us and we will see if we can help.
Finally, it may be that your company does have work for you, but still refuses to rehire you, in which case you have a claim for discrimination. The employer has an obligation to take positive steps to put you back to work, and if they do not, you may have a claim for damages. These are very tricky cases, and different rules may apply. If you think this happened to you, contact us and we will try to get you help.