Yes, it is possible to be fired after getting spine surgery for an accident, whether it was off the clock or within the course of your job duties. California is an at-will employment state, which allows employers to fire someone at any point, even if their job performance is satisfactory. On the other hand, employers are prohibited from terminating a worker based on certain characteristics under state and federal anti-discrimination laws. Additionally, workers are protected from job loss when they ask for time off for an injury, accommodations for a disability, and other protected activities.
Were you fired after getting spine surgery and suspect that your employer wants to get rid of you because of your medical condition? If so, your employment rights may have been violated, which gives you the right to sue your employer and receive compensation from a wrongful termination lawsuit. Our legal experts can evaluate your situation during a free consultation and help you plan a way to move forward. Reach out to us at our office and talk to a lawyer that specializes in disability discrimination complaints.
Did You Hurt Yourself at Work?
Many people end up being injured at a work site, or while they are performing a job-related task. If you had to have a spinal procedure because of a work injury, it’s likely that your employer provides workers’ compensation for medical expenses and lost wages. Please note that you do not have to prove negligence or misconduct by another party for a workers’ compensation claim. Generally, you are eligible for worker’s comp simply on the basis that you were injured at work. Alternatively, you may have a cumulative injury, meaning that respective motions and other factors associated with your job caused you to develop an injury or illness.
The severity of your injury and its impact on your ability to work are the most critical factors when it comes to a WC claim. If, for example, you are unable to work in any meaningful capacity, you may be entitled to permanent disability payments. Some workers can apply for retraining benefits if they can be trained for a different type of employment.
Unfortunately, an employer may try to deny payment to workers who are injured and need time off after having spine surgery. If the worker asserts their right to compensation, the employer may retaliate by firing them, which is illegal under the laws in California.
Will I be Covered by Worker’s Compensation for My Spine Surgery?
Yes, if you need surgery that is determined to be medically necessary for an injury that is work related, these expenses will be covered by workers’ compensation. If you are expected to recover enough to where you can come back to work, you can receive temporary disability benefits, along with medical expenses. As a general rule, temporary disability counts as two-thirds of your gross wages for an average work week. If you are injured to the point where you cannot resume your work duties after reaching maximum medical improvement, you may qualify for permanent disability payments.
The state of California also has a short-term disability insurance program that you can look into. You can apply for these benefits if you have an injury that prevents you from being able to work. Similar to Social Security and Unemployment, California workers pay into this program via payroll deductions. The criteria to qualify for SDI are as follows:
- You must have certification from your doctor stating that you are unable to work for a certain period of time
- You must have earned at least $300 during your base period, which is the 12-month period ending right before the last calendar quarter before the filing of your claim.
Payments can be made for up to 52 weeks, and the amount is normally 70 to 90% of your average weekly wages. For more information on the State of California’s SDI program, contact our team of work accident injury attorneys.
Can I be Fired for Taking Time Off after a Surgery?
Technically, the answer is yes, but it’s important to understand the reason behind your termination and ensure that your employer is not breaking in law. Previously, we talked about the kinds of discriminatory behavior that you can be subjected to when you are dealing with a serious medical condition. This includes firing someone when they are out on medical leave, which is required after a major surgical procedure.
The Family and Medical Leave Act is a federal law that provides qualifying employees with job-protected medical leave for up to 12 weeks within a 12 month period. To be eligible for FMLA leave, you must work for an employer with at least 50 employees within a 75 mile radius. In addition, you must have worked at least 1,250 hours for the employer within the past 12 months. Leave can also be provided under the FMLA for childbirth / adoption of a child or taking care of a family member with a serious health condition.
Job protection during medical leave is also provided by the California Family Rights Act (CFRA). This is another law that allows you to request extended leave for medical reasons, and the employer cannot fire you because you asked for time off or came back from CFRA leave.
Protections by the Americans with Disabilities Act
Spine surgery will hopefully result in full recovery, or at least enough recovery to return to your job. However, you may be permanently disabled even after the most advanced procedure, or it can take much longer that you expected to resume a normal way of life. If it’s determined that you may need more than 6 months to recover, you may be protected from employment discrimination under the Americans with Disabilities Act (ADA).
This is a federal statute that defines “disability” as a physical / mental impairment, which greatly limits your ability to perform major life activities. This includes performing your job duties, along with more basic activities like walking, driving, going up the steps, shopping for groceries, etc.
One of the most significant protections that may be available to you is the right to ask for reasonable accommodations. Essentially, employees with a disability can have difficulties with certain job duties, but there are ways to help the worker succeed. For example, the worker may be given the option to work from home until they are fully recovered after a major surgery. Some workplaces may change the layout of the worker’s office and provide equipment to accommodate their health issues. If it’s possible, reassigning the worker to a less demanding position during the recovery may be helpful as well.
The right to reasonable accommodations is also guaranteed under the California Fair Employment and Housing Act. This law shares many similarities with the ADA in terms of legal protections for the disabled, which include workplace anti-discrimination laws. The CFRA actually has a broader definition of what counts as a disability, meaning that more workers can take advantage of medical leave and other protections if you have a serious back injury that requires surgery.
Zero Fee Guarantee for All Clients
As you can see, you are not without options if your employer has infringed your employment rights because of a major illness or injury. If you had spine surgery and believe this is the reason you were fired, don’t hesitate to get in touch with us. We have a team of skilled wrongful termination lawyers who will fight for you and the compensation you deserve.
By choosing to work with us, we promise that you will not be asked to pay any legal fees. Instead of asking for a retainer, we agree to wait for a percentage of your settlement. That means we can only get paid if you receive compensation from a lawsuit against your employer. So, if we don’t win your case, you owe us $0 for the cost of legal services.
At the end of the day, taking legal action is completely up to you. However, we encourage you to get in touch and learn about your rights and legal options during a free case review.
