laid off d/t injury, what do I tell prospective employers?

amoLucia · Dec 3, 2012

Something's not clear to me - what type of psition are you applying for that would allow or not allow you to work with the 25 pound lift limit??? If you're applying for a clinical position, they pretty much all require lifting; so how are you addressing that issue in your interview?

And I'm not familiar with all the labor laws, but an on-the-job injury usually DOES NOT result in the employee being laid-off from that facility. So if your "nebulous reasons" (as you say) are causing ME some confusion, are they raising red flags to a prospective employer?

You may need to revamp your approach during your interviews.

T-Bird78 · Dec 3, 2012

Yeah, if you were injured at work while using malfunctioning equipment then there's no cause for you to be laid off. Being laid off usually indicates the company was downsizing or reorganizing and your job was eliminated, so being laid off shouldn't be a deterrent.

gonzo1, ASN, RN · Dec 3, 2012

In this economy being laid should be perfectly understandable, or say that your hours were cut so much you have to find another position that allows you to work full time. My next door neighbor is quitting his ICU job at a major hosplital cause he gets cx 1-2 shifts out of 3 due to low census. I do ICU and most of the year we get cx at least once per week. And at the hospital I work at they tell you in orientation that we are a "no lift" hospital and that if we get hurt lifting a patient we are terminated. They want us to use the chorus lifts, but there's only like 2 in the hospital and we are so short staffed that if we took the time to find one nothing else would get done on the shift. We don't have clerks or techs in our ICU. Fortunately on my team we all help each other with baths etc. But if I pick up ot on one of the other teams they don't help each other. Anyway I quit picking up ot cause they always give the people that come in to help them the worst pts. Dumb asses. So now our unit director has to come in and work with them cause no one else will.

HouTx, BSN, MSN, EdD · Dec 3, 2012

OSHA's current lifting limitations are 25 lbs - and many health care organizations have already adopted this. A lot of organizations have also adopted "no manual lifting" policies in an effort to eliminate back injuries - I know of 2 LTC corporations that have done this. Staff are actually disciplined for failing to use lifting devices. Most new hospital construction/remodels include built-in bedside lifting devices. So - your lifting limitations may not be an issue for some employers.

But I am confused also - Federal law prohibits an employer from terminating you for an on-the-job injury. If your injury results in permanent loss/decrease of ability which prohibits them from bringing you back they have to move you into a permanent disability status.. which entitles you to SS payments. So, if you were 'laid off' due to your injury, you should consult an attorney who specializes in disability claims.

sharonp30 · Dec 3, 2012

I can pipe in here. I have been an office manager for years, and have dealt with Work Comp cases. In my experience, the WC company required us to terminate the employee only if there was a substantial settlement. Well, they required termination in that they refused to cover the employee any longer. I have personally fought against this policy for a good employee, but they will not budge. It's all about money.This is in FL, not sure about other states. They get away with it because it is a clause in the fine print that you have to sign before they will give you your settlement. FYI many employers stop paying your health insurance backdated to the day that you went out under WC. So much for loyalty.

teensmom · Dec 3, 2012

Yes, I got a settlement and the company tried to find another job for me but not much was available. I did not quit and I guess I wasn't fired so I said I was laid off, that's the wrong term. I have a lifting restriction of 25 lbs. and am only applying for jobs within that restriction. I am still getting disability too so I'm not hurting at the moment but I'm getting anxious because the money won't last forever.

Thx for the good info.

FurBabyMom, MSN, RN · Dec 3, 2012

I think something kind of sounds fishy to me here. Not so much with you, but with respect to the company's actions.

I'm sorry this happened. Even in the OR, our job description states 25 lbs lifting and that a team effort/assistive devices will be used otherwise. Many of my coworkers have had restrictions on activity and made it work at work.

Maybe, if given the chance to interview elsewhere, in the future don't give a specific reason for being laid off? It's understandable in this economy...

I know another poster mentioned the WC portion...I can't tell you too much about this. I can say I'm surprised you (by the sounds of it) got a quick resolution to your claim. My dad had been injured for over 3 years before he got to have his surgery which helped but didn't fix it. It was about 18 months ago (and 25 years after the original accident) his claim was finally settled. He's a union employee so he can't be terminated over it, and had he sued the company for negligence he could have gotten a much bigger payout, but in that instance he would have likely had to quit to settle. With the settlement, WC no longer pays for his prescription NSAIDs but the copay with the company's medical insurance is like $10/month.

I know a family friend of ours tried to file a WC claim without actually providing physician documentation at the time of the accident, tried to go back months later and say 'But this happened at work...' . They were laid off when the company had the chance.

For what it's worth, there is a database which will search for many things including workers comp litigation (at least in the US). Depending on the size of the potential employer it may or may not be cost effective to use, and I believe if they use it they have to screen every potential hire (to avoid discrimination charges)... Though, of course they will find some other reason to discard an application as opposed to that, so they don't get sued...

Mulan · Dec 5, 2012

My next door neighbor is quitting his ICU job at a major hosplital cause he gets cx 1-2 shifts out of 3 due to low census.

Does he have another job lined up?