The Law & You

My Son’s Employer is Threatening to Fire After a Work Injury. Is That Right?

The Law & You
December 15, 2017

The Law and You

My Son’s Employer is Threatening to Fire After a Work Injury. Is That Right?

A viewer’s son was injured while on the job. He needs surgery to fix the injury and his employer is threatening to fire him. Can the employer do that? Workers compensation attorneys Greg Fellerman and Ed Ciarimboli offer legal advice.

Dave Kuharchik: A box of meat falls causing an injury. We’ll get to the answer to that in just a moment. First, through, the players, attorneys Greg Fellerman and Ed Ciarimboli. They didn’t get hit by anything coming in today, which is good. Good to see you guys.

Ed Ciarimboli: I hear “box of meat” and I immediately think Spam.

Dave: Well hopefully it wasn’t spam in a heavy case because that really would hurt. Let’s get to it today to see what happened here. Alan in Hunlock Creek says, “My son was at work and a large box of frozen meat fell off a shelf and hurt his neck. It looks like he needs surgery and the employer is threatening to fire him. What can he do?” Does Al have to worry about getting fired here.

Ed: Al, I mean, obviously, you have to worry. You do have to worry about getting fired and what you need to do is you need to protect yourself. How do you do that? You have a workers compensation claim. At least, a workers compensation claim. You may have a product claim as well if the machine malfunctioned in any way which caused the meat to fall. You’ve got to pick up the phone and get to a lawyer fast. You have a lot going on here and you do need to protect your rights.

Greg Fellerman: If the employer does fire you, it actually, I think, helps your case. They have nowhere to send you back too, from a work perspective. Sometimes, what the employers like to do is say, “Hey, I know you’re injured, but you could come back to work and answer the phones,” or “Hey, you can come back to work and do a lot more light duty job or sedentary job. In this situation, the employer kind of shoots themselves in the foot because there’s nowhere for them to go. Sometimes they say, “Hey, you guys bought the claim now.” They’re sometimes easier to get them resolved. Ed’s right, open a claim and get the medical attention, document the file, that’s what you need to be doing with the case.

Dave: And, of course, legal advice, easy to come by. When it comes to you both, how can they reach you guys?

Greg: Give us a call 570-714-HURT, see us on the web

Ed: Snapchat, Instagram, Google+, LinkedIn, Facebook.

Greg: Nutcracker, he’s everywhere.

Ed: We’re everywhere.

Dave: 2018 could be the year Snapchat, we’ll see. Results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys thanks so much.

Ed: Thanks Dave.

Dave: and “The Law & You” hotline are there for you. 

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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