Help!!!! I need to know if this is legal or not

I'm nearly 100% positive when you went to work for JB you signed a form stating that any worker comp would be under Arkansas work comp law. If this is the case you are SCREWED. It is legal under Arkansas work comp law to terminate you while out due to injury. Also you can't sue your employer if you are receiving workers comp. benefits. You can however sue the work comp. insurance company and get a settlement for any permanent disability. Otherwise the state has a schedule of disability that says how much your injury is worth. If you refuse light duty you can lose all benefits.

I know this first had as I had my left arm nearly severed in an accident and was off work for 18 months and dealt extensively with Arkansas workers comp. I now have a left arm that looks like it went through a meat grinder after 6 surgeries and only 30% use of my left hand. For all of this and with one of the best work comp lawyers in the state I only got a $25,000 dollar settlement. Arkansas has some "F-ed" up worker comp laws.

 

You can waste your time at a lawyer if you want. But remember in orientation when they told you that they where an "at will" employer? Well allot of drivers don't like and there are quite a few who don't understand it but that means they can fire you at ANY time for ANY reason. That 6 weeks of med leave they gave you. That was them telling you that you have 6 weeks to come back to work or your fired. Is it fair? No. Is there anything you can do about it, Not likely. If it was me I'd just use my time getting another job. I do understand. I got hurt on the job working for Knight Ref. cost me 5 weeks works comp time. In the end it cost the $15000+ and I got a new and better job.

 

I would also consider contacting the Bureau of Labor on this. They may be able to point you in a helpful direction. Is it right? No way. Is it legal? I don't know the answer to that.

Good luck with it.

 

Sorry dude, but you are WRONG.
It is ILLEGAL to fire an employee while he is recuperating from an OTJ injury.
It violates at LEAST Federal Labor Laws and quite possibly State Labor laws as well.

 

I thought so too. But there was another post like this last week. I did some research and found in deed they can legally terminate you after 6 weeks I think it was. Truck drivers are exempt from most labor laws.

You do have an option of where you file a claim as an interstate employee. .
Your state of residency
The state of employment
or
The state the accident happened in.

At least that is what I was told by the IA Workers Comp Board

 

Exactly right Condo, Companies use "at will" because it gives they a legal way out when they don't want to deal with the problem. It's BS but it's legal. Trucks are not covered under most Fed labor laws and states won't touch it. In order to pursue this you would have to go through Arkansas. Now do you really think AR. is going to mess with the big 3. Wal-mart, Tyson and JB Hunt.

 

I don't think theres enough facts on the table. You can be fired for cause if you were at fault, whether or not that caused your injury

This is and has to be delt with as separate issues. Your getting workmans comp and money to live on, but that does not relieve them of all responsibilty either.

At this point you need and workmans comp attourney, and maybe a labor relations attourney. What they have done is certainly frowned upon if not illegal. Get legal counsil...