Job discrimination?

Rick B

PLEASE call an employemnt or personal injury lawyer. I am not a big lawsuit advocate, but this is WRONG. Please pursue this so they can't do this to others.

Mel

This is way illegal. Your husband cannot suffer retaliation at work due to filing a WC injury report. If that manager thinks his WC insurance premiums increased, wait until he sees what it will cost to settle the lawsuit.

Tell hubby to find an attorney that can handle a work comp case and make sure he documents everything that happened while he can still remember - who said what to whom, dates, times, copies of receipts from the ER, etc.

Good luck.

cornelius corncob

It`s not that easy , unfortunately . Was the seizure due to a pre-existing condition he had when he applied for and got the job ? Did he advise his employer of the condition ? Does his job involve working with or around machinery ?

In many jobs , a person suffering from seizures can be a distinct danger not only to himself , but to others working in the same area , especially where moving/operating machinery is involved .

If an employer is aware of a person`s susceptibility to seizures , and something happens due to a seizure where someone , including your husband , is seriously injured , or worse ......... The company is in DEEP legal doo-doo , and more !

In a situation of this nature , unfortunately , they`d be within their legal rights to let him go if he had this condition and didn`t make them aware of it .

If your husband`s employer was aware of your husband`s condition , either at the time of hiring , or even after that , and let him remain on the job , you may have legal recourse .

There are simply too many variables here to try to guess on an outcome .

You`d be best advised to at least talk to a lawyer specializing in labour disputes , and get a proper opinion .

rwa000

there is nothing written in any state that says you cannot be fired while on workmans comp. It is sad but that is the way it is.

just me

I don't think it's discrimination, but it's also not workman's comp either.... I would honestly talk to a lawyer and file for THE FEDERAL FAMILY LEAVE ACT.

Best answer usually the simplest

Let me guess. On the job application, when it asked the question of whether he had epilepsy or had seizures he put down NO. And on the question on whether he had any illnesses that might affect his performance on the job, he put down NO.
So, would it have been better that he was cleaning windows on the 31st floor of a skyscraper, or driving semi truck full bore down the highway, or being an air traffic controller or aircraft pilot when he had the seizure over just falling down to the floor in the restaurant?
He got off lucky, that he was not doing those other jobs.
He could have been sued forever.
He has to pay attention to what type of work that he does, though it is now more limited.
Job discrimination, yes.....HE is not suitable for the job safety wise. A pot of boiling oil(found in restaurants) on top of him catching in flame would prove my point.

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