If my job terminated me while on worker comp. And then the doctor releases me to go back to work but I have no job...what happen

If you were a Federal Employee when you were injured and your doctor relases you for light duty and your employer separates you, you would stay on compensation. If you recover fully within one year your Federal Employer must give you back your job. You should see a local attorney and get help.

I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. You should discuss this with a workers' compensation attorney in your state. I am not commenting on any workers' compensation aspect of your case. I write to make sure you are aware you may have rights under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Many on-the-job injuries meet the definition of "disability" under the ADA. If they do, you may be entitled to reasonable accommodation for your disability. Reasonable accommodation may include transferring some non-essential job duties to other employees, providing equipment or devices to enable you to do the main functions of the job, allowing extra time off work for things related to the disability, and more. Also, the employer may not treat you differently from other employees because of your disability. For example, the employer may not refuse to promote you, deny you training or otherwise limit your job opportunities, and the employer may not fire you because of your disability. Rights under the ADA are triggered when an employer has at least 15 employees. Any rights under the ADA are separate from rights you may have under workers' compensation. Please look at my guide on the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment. You may also have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). This law allows covered employees to take a maximum of 12 weeks per year of unpaid leave due to a serious medical condition. The 12 weeks can be taken all at once, in increments of fractions of an hour, or anything in between. The only limit is that the total time off cannot exceed 12 weeks in one year. To be eligible under the FMLA, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the FMLA are separate from any rights you may have under workers' compensation. Please look at my guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.attorneyqna.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing. I hope you can resolve your situation and wish you the best.

You need to set an appointment with a Worker's Compensation attorney here in Georgia to go over all of the facts of your case and see if you have a leg to stand on. The employer's and insurance carrier have fleets of lawyers to tell them what they can and can't do, but sometimes they mess up and either get bad advice or just do what they want without the advice of counsel. The same may be said for you if you have been dealing with this without an attorney. You may or may not be out of luck at this point. Go see someone today, please.

In Georgia, the answer depends on the type of release you have from your authorized treating physician. IF you are released to full duty work without any restrictions, then the insurer can suspend your work comp checks after giving you 10 days notice. In that case, it does not matter if you have a job to return to or not. IF, on the other hand, you are receiving weekly comp checks and your doctor releases you to return to work with restrictions, then your checks keep coming until the employer offers you a job within your restrictions, or you actually return to work on you own somewhere else, or your doctor eventually releases you full duty (in which case, it's just like the first part of this answer). These are general guidelines. It certainly won't hurt to seek counsel with a WC attorney to learn your rights in your specific situation. Be aware that even if you are given a full duty release and your benefits are suspended, you might have an entitlement to what is called PPD benefits for the loss of use of your injured body part. If you have a PPD rating from your doctor, that can turn into some money for you as well.