Can You Be Fired While On Workers’ Comp?

The question of whether your employer can terminate you if you file a workers’ comp claim is complicated. The answer is both yes (you can be fired while pursuing a claim) and no (filing a workers’ compensation claim on its own is not a legal cause for termination). 

Scenarios Where You Can Be Fired on Workers’ Comp

Below are some situations where employers are within their legal right to terminate employment. 

Permanent Disability

If your injury or illness is long-term (lasting more than six months) or permanent, it hinders your ability to do your job. Nonetheless, employers have to keep the company’s best interests in mind. As a result, they may replace you with someone who can perform the required duties.

If You Are Unable to Return

Creating an effective workers’ comp return-to-work policy is in employers’ and employees’ best interests. It intends to establish policies and procedures that enable workers to return to work safely.

A return-to-work policy enables employers to retain valued workers and reduce employee turnover. Even if you cannot perform your job fully, you may be able to execute some portion of it. Thus, you are more productive than you would be at home.

Your employer cannot fire you for an injury or file a claim. However, you can lose your position if you receive approval and do not return.

Employment Status

Most employees work “at will” without a time commitment or long-term assurances. Most employers will not blatantly fire an employee for filing a workers’ comp claim. Instead, they will look for another reason to let you go to avoid accusations.

Conversely, a “contract employee” usually signs a written agreement. It has detailed employment terms, including the length of the contract. Therefore, a contract employee can be more difficult to terminate.

While contracted workers have more protections, it doesn’t mean their employers cannot fire them while on workers’ compensation. For example, a contract may state that your employer can dismiss you if you are absent for too long.

Poor Work Performance

Do you have a documented history of competent job performance and satisfactory reviews? Your employer has the legal right to fire you for poor work performance.

However, they must provide a legitimate reason that directly relates to your job performance for terminating you. If you’re a top performer with no history of negative reviews or warnings, your workers’ compensation claim could be the reason for your termination.

Company Layoffs

Layoffs are common during an organizational change or restructuring. Additionally, there are situations where it can be a challenge to prove your claim made you a target.

Termination Retaliation

Your employer cannot fire you as a form of retaliation. They are smart enough to know that this is against the law.

Employees may find themselves in the unfortunate position of working in a hostile work environment. As a result, you may feel uncomfortable in situations created by a manager or coworker.

Workplace harassment is a reality in many organizations. Unfortunately, employees who experience harassment from a toxic or difficult boss and report it may become victims of retaliation. Hostility is a form of workplace harassment, and there are laws to protect employees’ rights.

If you are the victim of discriminatory behavior against gender, race, religion, age, orientation, disability, or nation of origin — categories protected by the Equal Opportunity Commission — you are working in a hostile work environment.

If you feel you are experiencing workplace retaliation due to a workers’ comp claim, you should consider seeking legal advice. Not only can retaliation make your work life miserable, but it can also lead to job loss.

Can You Collect Workers’ Comp After Being Fired?

The workers’ comp process requires employers and insurance companies to continue paying workers’ comp to employees until they have recovered fully or reached maximum medical improvement (MMI). The law states you still have every right to these benefits. 

According to the law, it makes no difference whether you are currently employed; if you get hurt on the job, you will receive workers’ compensation provided your doctor agrees that you cannot work. As we discussed previously, once you partially recover, there’s a good chance your doctor will release you to work with restrictions. 

Regardless of whether you are currently employed, if you sustained your injury while working, and you will still be covered. You should also receive your medical benefits and lost wages.

What to Do If You Are Fired 

If you believe your employer fired you unjustly after filing a workers’ comp claim, you have legal rights that protect you from discrimination by unfair employment practices.

To prove termination retaliation or violation of workers’ comp laws, you’ll likely have to provide a timeline that includes detailed information about the complaint or claim you are making and evidence of the retaliatory action.

Before suing your employer, you may want to obtain legal advice to ensure you have a case. The legal process is extensive, and, more often than not, employees don’t win these cases against their employers. 

However, if you feel you have sufficient evidence and a viable reason to sue, you may want to involve an experienced workers’ compensation attorney. The most common reason why people hire a workers’ compensation lawyer is that their claim was denied and usually happens if your employer is questioning your injury or if your claim wasn’t properly filed. 

An experienced workers’ compensation lawyer can thoroughly assess the paperwork and make any needed corrections to assist in fighting for your compensation.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

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