fired for being sick

[PatriciaLeg]

What is the name of your state (only U.S. law)? Ar

 

[PayrollHRGuy]

And your question...?

I suggest you don't try and use the preview button.

 

[PatriciaLeg]

What is the name of your state (only U.S. law)? Ar

I have been with my company for 6.5 yrs. I show up and work everyday. I have heen diagnosed with hearr problems 3 yrs ago and this yr with copd. Our business was set on fire July 4th weekend. I have been forced to work in the burned out building even with my employer knowing my health situation..Tuesday of this week i was told to go upstairs in the soot covered building to help pressure wash the concrete. After 2 hrs of working with no air no mask and the pressure washer putting off very bad fumes i almost passed out. Got disoriented and very dizzy. One of my co-workers had to help me downstairs to get fresh air. When i was able to walk i went to my manager and told her what had happened. She then fired me..what should i do if anything?

 

[PayrollHRGuy]

Arkansas is an employment at will state. This means that you can quit when you want to and the employer can terminate you when they want to.

First thing you need to do is go an file for unemployment. Do that today.

But there may, and I have to emphasise the may part here, be some additional action you can take. If your heart condition rises to the level of a disability you MAY have protection under the American's with Disabilities Act (ADA). Can you give us some more information on you disability?

If you feel that the work that made you almost pass out is still causing you medical problems you may want to file a workers' compensation claim.

 

[Zigner]

Arkansas is an employment at will state. This means that you can quit when you want to and the employer can terminate you when they want to.

First thing you need to do is go an file for unemployment. Do that today.

But there may, and I have to emphasise the may part here, be some additional action you can take. If your heart condition rises to the level of a disability you MAY have protection under the American's with Disabilities Act (ADA). Can you give us some more information on you disability?

If you feel that the work that made you almost pass out is still causing you medical problems you may want to file a workers' compensation claim.

Is it your opinion that being fired in retaliation for reporting a workplace illness is not something that an attorney would like to hear about?

This OP needs to speak to an attorney. Really.

 

[PayrollHRGuy]

And that is why I mentioned filing the workers compensation claim. That's the best and easiest way to get is certified (for lack of a better term) as being fired for reporting a workplace injury.

There are issues in Arkansas Work Comp law that complicate the issue with heart or lung disabilities.

Arkansas Code Title 11. Labor and Industrial Relations § 11-9-114. Heart or lung disabilities--Compensability

(a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, an accident is the major cause of the physical harm.

(b)(1) An injury or disease included in subsection (a) of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment or, alternately, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm.

(2) Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met his or her burden of proof.

 

[quincy]

You can report your working conditions to your state OSHA office: https://www.osha.gov/oshdir/ar.html

 

[PatriciaLeg]

Arkansas is an employment at will state. This means that you can quit when you want to and the employer can terminate you when they want to.

First thing you need to do is go an file for unemployment. Do that today.

But there may, and I have to emphasise the may part here, be some additional action you can take. If your heart condition rises to the level of a disability you MAY have protection under the American's with Disabilities Act (ADA). Can you give us some more information on you disability?

If you feel that the work that made you almost pass out is still causing you medical problems you may want to file a workers' compensation claim.

My heart conditon wasn't the problem. The copd is..chronic pulmanry disease is what caused my problems and i do believe that working in the burned out soit covered building with no fresh air is what caused the episode.

 

[commentator]

While you are doing everything else you may do in response to this situation, first of all, file a claim for unemployment insurance. They will want you to fill out a doctor's statement certifying that you are able, available and fully released to begin work again. If they will not release you without restrictions, still, you've got the claim filed, turn in the medical statement, and be sure to file the worker's claim forms. The two things, unemployment and worker's comp, are mutually exclusive in that you cannot draw both, but you very much need to get the unemployment claim filed and set up right away. Then if you are able to draw anything on worker's comp, that money will be used first, until you are no longer qualified for it, and then at that point, you file to reopen the unemployment claim and may be able to draw it if you are still not working.

But I agree, I'd talk to an attorney, file a worker's comp claim, file for unemployment at the same time, and then investigate the possibility (perhaps discuss with your doctor) about permanent SSDI. It takes a long time to qualify, but if you have so many problems, there may be a time, shortly down the road when you need to strongly consider that you won't be able to work any more.

How big is your employer, incidentally? How many employees?

 

[PatriciaLeg]

I dont have a lot of health problems but when u have copd u can not breath. I think i messed myself up because i didnt go to the dr when i left work that day. I simply went home. I really dont want to sue because this is a really small town that really needs this business. There is only like 5 employees including the manager but they do not offer or allow u to file wc. The manager says she dont have the paperwork for it..i am concerned for the other employees being exposed to elements because they are not provided with the proper safety wear.

 

[cbg]

Did you at any time after the fire mention to your employer that you thought it was a contributing factor to your condition? Did you at any time request an accommodation or ask not to be assigned to that part of the building?

 

[xylene]

You need a lawyer.