Workmans' Compensation

cbs

Is there a requirement for a worker out on Workers compensation for over four months to replace a worker hired to fill his vacancy. Also, if there is no job for the worker returning from Workers Compensation after more than four months, can he be terminated. I suppose that if said worker were terminated there would not be a reason to oppose unemployment compensation even if the workers' injury resulted from a violation of his safety training.

Margaret Morford

I think you need some legal advice as WC laws are state laws that vary greatly. Not taking the employee back will probably give him/her grounds for a retailation claim for exercising his/her WC rights. These kinds of lawsuits are very hard for employers to win. If your company has a practice of terminating all employees who violate safety protocols, you may be able to do it, but you really should review your leave policies and practices, safety policies and practices and state WC statues with legal counsel before you act.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]