I was in Savannah, GA. attending a seminar at my employer's request. On Thursday, 9/21/06, I slipped in the bathtub and suffered a spiral fracture of the fifth metatarsal bone in my left foot. As a result of that injury, I had to undergo a four-hour surgery on 10/11/06 to repair the fracture. I have not been able to return to work due to doctor's orders. Last Friday I got a phone call from my supervisor who told me I was being terminated. Jodi Ginsberg responds: I am happy to speak with you about your case; your injury; rights to benefits; specialized medical care; potential lump sum settlment and reason for termination. I am curious why your employer called you to terminate you. Is it due to the time missed from your injury? Are you on TTD (temporary total disability) benefits while on the no work status? If so and there is no reason to fire you other than injury then this termination may actually help your case. If you are being terminated because of an on-the-job injury, you may be gaining additional leverage to obtain more weeks of TTD benefits, and perhaps a larger lump sum settlement. Assuming that your doctor releases you to either light duty or full duty work, the question becomes whether your employer has a job for you. If you have been terminated, this question is more difficult to answer and you can use this uncertainty to argue for a larger settlement. In addition, when you settle, your claims under the Americans With Disabilities Act might be part of the negotiations. As in any workers' compensation case, timing and leverage are all important. Knowing when to push for settlement and knowing how to use the circumstances of termination for the benefit of our clients are part of what workers' compensation lawyers like me do on a day to day basis.

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