Most of us go into work with the hopes that it will be a smooth and uneventful day, but many days are stressful on our body and mind in various ways. This is particularly true when you have an accident at work and end up with a serious injury. Back injuries are very common in all sorts of work settings, and some cases are serious enough to require a laminectomy, spinal fusion, disc replacement, or some other kind of back surgery.
While you are out of work and recovering from back surgery, you expect that your employer will do the right thing and hold your job open. After all, your injury was a direct result of you doing something on their behalf, so they should naturally uphold your rights, like workers’ compensation benefits and job-protected medical leave.
Unfortunately, your employer can exploit your accident as an opportunity to fire you, which may be a form of wrongful termination. This is illegal in California, and you have the right to fight back and hold your employer accountable. Our attorneys are here to help, 24/7, so contact our office as soon as possible to receive a free consultation.
Is My Back Surgery Covered by Worker’s Comp?
Yes, if you need surgery after a work-related accident, your surgery should be covered as part of your workers’ compensation benefits. Most workplaces in California are required to provide workers’ comp benefits to their employees in the event of an injury or illness that’s associated with their work duties. The payments you can receive include temporary disability, permanent disability, medical expenses, supplemental job displacement benefits, and death benefits for surviving family members.
If your employer is making it difficult for you to obtain WC, or the insurance company is refusing to cover a surgical procedure you need for your back, you should talk to a lawyer that specializes in workplace injury claims.
Please be aware that workers’ comp claims have tight deadlines. First and foremost, your employer must be notified of the injury within 30 days of the accident or diagnosis (if it’s a repetitive / cumulative use injury). If you wait longer than 30 days, you will most likely lose the right to seek payments through worker’s compensation. You must also ensure that the claims forms are filed within 1 year from the date of injury, which is the deadline imposed by the California Division of Workers’ Compensation.
In order for WC to pay for a surgery, the procedure must be approved by a doctor using the medical treatment utilization schedule (MTUS). This is a set of guidelines that are used by workers’ comp doctors to establish the treatment that is necessary for an injury, whether it’s medications, physical therapy, or surgery.
Can I Apply for Permanent Disability Benefits?
Based on the severity of your injury and prognosis for recovery, you may be eligible for permanent disability benefits. These payments are categorized as permanent partial disability and permanent total disability, and many people who have had back surgery qualify for permanent partial disability. A determination for PD payments requires a disability rating from your doctor, which is based on a scale of 0 to 100, with 100 indicating total and permanent disability.
I was Fired After having Back Surgery. Is This Legal?
The laws governing workers’ compensation in California protect employees from job loss on the basis of being injured or demanding benefits they are legally entitled to. So, it is illegal for your employer to retaliate against you by terminating your employment. Your employer is also forbidden from taking other punitive actions against you, like cutting your pay or demoting you once you come back to work.
As an injured employee working for a company, organizations, etc. with at least 50 employees, you may be eligible for up to 12 weeks of medical leave, which is job-protected and unpaid. That means your employer must reinstate you to the same position (or one that is substantially similar) when you are able to resume working.
California also provides extended medical leave under the California Family Rights Act, which is applicable in employment settings with 5 or more workers. So, this is another way that you can obtain up to 12 weeks of medical leave within a 12-month period. For more information on the FMLA and CFRA, please give us a call and speak with a California employment rights attorney. If your rights as an injured worker were violated, we can help you explore the available legal options, which may include a lawsuit for disability discrimination against your employer.
Contact Our Team of Wrongful Termination Attorneys
The pain and stress of recovering from surgery is bad enough on its own, but what if you lose your job because of an injury at work? How will you pay your bills and provide for your family, especially when you are still trying to recover from a serious medical procedure? This is a reality that many people face, even though laws exist to protect employees from wrongful termination and other adverse employment decisions.
You do not have to suffer in silence because your employer chose to take advantage of you at your weakest point. Our legal team is available to you 7 days a week, 24 hours a day, and we are more than ready to represent your interests and fight for the payments you are entitled to. As part of our commitment to wrongfully terminated workers, we provide a Zero Fee Guarantee from day one. Under this agreement, all legal expenses are billed to the party that wronged you. If the case is resolved in your favor, we get paid at the same time you do, and if we don’t win your case, you owe us $0.
At the end of the day, you have nothing to lose by contacting us and learning about your rights as someone who was wrongfully terminated after having back surgery. Please get in touch at your earliest opportunity and schedule a confidential case review, completely free of charge.
