What worker's rights do you have if you're injured outside of work?

edmicman

Golden Member
May 30, 2001
1,682
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0
IANAL, but can you be fired outright if you are injured in a non-work-related accident? Would you have any rights at all?
 

Triumph

Lifer
Oct 9, 1999
15,031
13
81
In non right to work states, you can usually be fired at any time for (almost) any reason. Except for outright discrimination like race, sex, religion, etc. Just like you can quit your job at any time for any reason.
 

Dirigible

Diamond Member
Apr 26, 2006
5,961
30
91
Laws in some states may be different, but if I did something outside of work and could no longer do my job as well I expect I'd be fired pretty quick. This is why disability insurance can be useful.
 

Deeko

Lifer
Jun 16, 2000
30,215
11
81
Most jobs are 'employment at will' meaning they can fire you for whatever they want. Especially if that injury keeps you from doing your job.
 
Aug 23, 2000
15,511
1
81
The key is to have a good employer that will adjust your work load to match what you can do, or one that will keep your job spot open and just fill it with a temp.
 

Deeko

Lifer
Jun 16, 2000
30,215
11
81
Yea, my job lets you take varying levels of leave for temporary disability...between 2 weeks and 1 year, I believe.
 

smack Down

Diamond Member
Sep 10, 2005
4,507
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Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

Also you have rights under the ADA.
 

FoBoT

No Lifer
Apr 30, 2001
63,089
12
76
fobot.com
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful
 

smack Down

Diamond Member
Sep 10, 2005
4,507
0
0
Originally posted by: FoBoT
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful

If only some one would invent a way to take money paid in one week and spend in a later week. Maybe some kind of an account at a bank would work.
 

BoomerD

No Lifer
Feb 26, 2006
63,436
11,761
136
What worker's rights do you have if you're injured outside of work?

Unfortunately not many. If you get hurt off the job, generally, your employer has no obligation to hold your job for you, except as mentioned below. There are lots of restrictions to the FMLA, so YMMV.



Originally posted by: smack Down
Originally posted by: FoBoT
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful

If only some one would invent a way to take money paid in one week and spend in a later week. Maybe some kind of an account at a bank would work.


I've always been a supporter of private companies being able to offer their employees "comp-time" like government agencies do. Basically, you work overtime this week, but instead of taking it as OT pay, you can "bank" the hours (at whatever OT rate they were earned) for use at a later time. If your OT was time and a half, then for every OT hour you work, you get 1-1/2 hours of comp time...double time gets you 2 hours of comp time, etc.

Unfortunately, that's illegal in most of the USA...which MAY be a good thing because of the potential for abuse by unscrupulous employers, but if administered properly, it COULD be a good thing for working men & women, as well as companies.
 

Mxylplyx

Diamond Member
Mar 21, 2007
4,197
101
106
In right to work states, theres 3 reasons why an employee can be fired.

A good reason
A bad reason
No reason at all
 

BoomerD

No Lifer
Feb 26, 2006
63,436
11,761
136
This has nothing to do with "Right-to Work" laws...this is "at-will" laws...

 

Vic

Elite Member
Jun 12, 2001
50,415
14,307
136
Originally posted by: BoomerD
I've always been a supporter of private companies being able to offer their employees "comp-time" like government agencies do. Basically, you work overtime this week, but instead of taking it as OT pay, you can "bank" the hours (at whatever OT rate they were earned) for use at a later time. If your OT was time and a half, then for every OT hour you work, you get 1-1/2 hours of comp time...double time gets you 2 hours of comp time, etc.

Unfortunately, that's illegal in most of the USA...which MAY be a good thing because of the potential for abuse by unscrupulous employers, but if administered properly, it COULD be a good thing for working men & women, as well as companies.

Never heard of a savings account?
 

adairusmc

Diamond Member
Jul 24, 2006
7,095
78
91
Originally posted by: Mxylplyx
In right to work states, theres 3 reasons why an employee can be fired.

A good reason
A bad reason
No reason at all

:thumbsup:

The way it should be.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Originally posted by: smack Down
Originally posted by: FoBoT
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful

If only some one would invent a way to take money paid in one week and spend in a later week. Maybe some kind of an account at a bank would work.

Or short-term/long-term disability insurance. Max it out through your company, if it isn't offered get it from somewhere else. AFLAC.
 

ForumMaster

Diamond Member
Feb 24, 2005
7,797
1
0
Originally posted by: BoomerD
What worker's rights do you have if you're injured outside of work?

Unfortunately not many. If you get hurt off the job, generally, your employer has no obligation to hold your job for you, except as mentioned below. There are lots of restrictions to the FMLA, so YMMV.



Originally posted by: smack Down
Originally posted by: FoBoT
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful

If only some one would invent a way to take money paid in one week and spend in a later week. Maybe some kind of an account at a bank would work.

this is an interesting method but it could be abused easily. still, this might be good for example for someone who's learning while they work. they work overtime when they have spare time, and then say need to study for a final exam or something, they can.
I've always been a supporter of private companies being able to offer their employees "comp-time" like government agencies do. Basically, you work overtime this week, but instead of taking it as OT pay, you can "bank" the hours (at whatever OT rate they were earned) for use at a later time. If your OT was time and a half, then for every OT hour you work, you get 1-1/2 hours of comp time...double time gets you 2 hours of comp time, etc.

Unfortunately, that's illegal in most of the USA...which MAY be a good thing because of the potential for abuse by unscrupulous employers, but if administered properly, it COULD be a good thing for working men & women, as well as companies.

 

smack Down

Diamond Member
Sep 10, 2005
4,507
0
0
Originally posted by: spidey07
Originally posted by: smack Down
Originally posted by: FoBoT
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful

If only some one would invent a way to take money paid in one week and spend in a later week. Maybe some kind of an account at a bank would work.

Or short-term/long-term disability insurance. Max it out through your company, if it isn't offered get it from somewhere else. AFLAC.

Waste of money, I would rather put the money in the bank.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Originally posted by: smack Down
Originally posted by: spidey07
Originally posted by: smack Down
Originally posted by: FoBoT
Originally posted by: smack Down
Look up the family medical leave act. I think it allows you to take up to 6 weeks a year leave and the employer is not allowed to fire you.

the thing with FMLA is you don't get paid, so unless you have short term disability insurance or other means of income, that option isn't necessarily useful

If only some one would invent a way to take money paid in one week and spend in a later week. Maybe some kind of an account at a bank would work.

Or short-term/long-term disability insurance. Max it out through your company, if it isn't offered get it from somewhere else. AFLAC.

Waste of money, I would rather put the money in the bank.

Suit yourself. It's only a few bucks per month and let's say you can never work again? Those few bucks would guarantee 80% of your salary for life.
 
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