Ask Me Help Desk - Workman's compensation law

Recently, I suffered the loss of a part of a finger at work. I am not too familiar with Oregon law's dealing with work. comp. but feel that My job is in jeopardy. My question is this... Can an employer lay me off or fire me due to loss of a digit while I was on the clock? I foresee no limitations to what I will be able to do. I should have full recovery except for the piece of missing fingertip, with few jobs that I can't do. For additional info, I am the Facility Manager and have been such for the past 5 years. I know that she has previously laid other people off after they have suffered smaller injuries, (some serious and others not so much) while at work. Wouldn't I be covered by some kind of disabilities law? Should I be looking into hiring a workman's compensation lawyer?

Quote:

Originally Posted by tyrel

Recently, I suffered the loss of a part of a finger at work. I am not too familiar with Oregon law's dealing with work. comp., but feel that My job is in jeopardy. My question is this...Can an employer lay me off or fire me due to loss of a digit while I was on the clock? I foresee no limitations to what I will be able to do. I should have full recovery except for the piece of missing fingertip, with few jobs that I can't do. For additional info, I am the Facility Manager and have been such for the past 5 years. I know that she has previously laid other people off after they have suffered smaller injuries, (some serious and others not so much) while at work. Wouldn't I be covered by some kind of disabilities law? Should I be looking into hiring a workman's compensation lawyer?

Yes, I would retain a WC Attorney or at least consult with one. Is this a third-party claim meaning your injury was caused by defective machinery, something like that?

If the employer feels you cannot do your job due to your injury or would present a threat or danger to yourself or any other employees, yes, you could lose your job.

If they are laying you off/firing you out of revenge for making a claim and you can prove it, then you have an employment law case.

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Originally Posted by JudyKayTee

Yes, I would retain a WC Attorney or at least consult with one. Is this a third-party claim meaning your injury was caused by defective machinery, something like that?

If the employer feels you cannot do your job due to your injury or would present a threat or danger to yourself or any other employees, yes, you could lose your job.

If they are laying you off/firing you out of revenge for making a claim and you can prove it, then you have an employment law case.

Thank you for quick answer. I was afraid that this would be the case. I was injuried while on the job, while lifting a very heavy piece of metal.

Quote:

Originally Posted by tyrel

Recently, I suffered the loss of a part of a finger at work. I am not too familiar with Oregon law's dealing with work. comp., but feel that My job is in jeopardy. My question is this...Can an employer lay me off or fire me due to loss of a digit while I was on the clock? I foresee no limitations to what I will be able to do. I should have full recovery except for the piece of missing fingertip, with few jobs that I can't do....

The Worker Comp issue is separate from the 'labor' issue, but the two issues seem be joined because you are concerned about a layoff after suffering an injury. You should look into both and learn as much as you can. I would not retain a lawyer until the specific need is present. You've said you 'feel' your job is in jeopardy, but don't worry about things that are for the most part out of your control.