On 10/28/2010, I sustained an injury while at work. I’ve gone through drug therapy and physical therapy, but it’s looking like I’m going to need surgery to repair a bulging disk. I’ve been drawing w/c since then, and have not been released to return to work. My employer called me the other day, and told me that they were terminating me SOLELY because of the injury, and that I could reapply when I’m released but I’m not guaranteed of getting a position with the company. I think I have precedent on my side: the same thing happened to another employee (who was off for several months, as well), but they allowed her to return to work before they terminated her for something that happened before her injury. Seems to me that by allowing her to come back to work, but not me, it’s preferential treatment.
As a result, my health insurance has been cancelled (though I have received my COBRA letter). The w/c doctor has closed his file on me, because he’s sent me to a specialist. The specialist doesn’t consider me a patient until I have surgery, so refers me to the w/c doc for my pain meds. The w/c doc says they should come from the specialist, so I’m in limbo there, as well.
I know that Indiana is an “at-will” state. And everything I’ve read online said that an employee can’t be terminated for filing a work comp claim. But can an employee be termed for [ii]continuing* to be on work comp?