If you’re hurt at work and file a workers’ compensation claim against your employer, can you be fired?
Workplace accidents can disrupt your routine or turn your life upside down entirely. They can be overwhelming if you’re used to living life on your own terms but are forced to slow down.
It’s normal to wonder if your boss can potentially let you go in response to filing a claim. While workers’ compensation provides some safety measures for injured employees, these regulations won’t ensure you’ll keep your job. It depends on various factors.
Here are the five things to know if you’re afraid of losing your job while on workers’ compensation.
1. Your Job Safety Will Depend on the Reason for Termination
While employees can’t be fired by employers merely for pursuing workers’ compensation, the rules don’t prevent employers from terminating employment agreements. Employers might cite other reasons for the firings besides workers’ compensation claims.
Common reasons for firing when someone is on workers’ compensation might be:
- Performance issues
- Attendance problems
- Layoffs or company restructuring
- Non-conformity to other reasons for terminating the employment
However, if you suspect that it’s related to the claim, you should talk to a workers’ compensation lawyer. A legal professional can look into your situation and build a case to right the wrong.
2. Your Rights Are Limited — Your Employer Has Rights, Too
Another misconception about workers’ compensation is that workers can be let go for reasons other than their injuries. That’s far from the truth, since employers can still dismiss people for different reasons.
These may include layoffs, company restructuring, or other workplace circumstances that make dismissals necessary. Therefore, it’s essential to distinguish between lawful terminations and retaliatory actions against the compensation claims.
3. Your Workers’ Compensation Benefits May Continue
Even when workers are fired by their employers, their workers’ compensation benefits won’t disappear immediately. As long as their claims remain open, they’ll have an opportunity to receive benefits. They’re not tied to employment — they’re related to on-the-job injuries.
So, even if you, for instance, lose your job, you can still receive compensation for the injury. There are exceptions, however. If you’re medically cleared to return to work and don’t try to find new employment, your wage replacement benefits could be lessened or terminated.
Your employer may ask you to perform tasks according to your ability. If you fail to do so, it can be considered grounds to terminate your work agreement.
4. Don’t Refuse Assignments if You’re Able to Perform Them
Employers are required to reasonably accommodate workers so they can make their way back after workers’ compensation claims.
If your doctor says that you can do some specific jobs, your employer should try to accommodate you. If you reject this accommodation, you might endanger your job.
You can be fined, lose benefits, face disciplinary action, and be terminated.
As a rule, your employer should try to accommodate your injuries. Your employer should provide the offer of work after receiving the relevant information from the doctor.
You aren’t obliged to accept tasks that are dangerous to your health or exceed your physical abilities.
5. Document Everything and Speak with Your Employer
Documentation plays a crucial role in the workers’ compensation process. You should gather as much information about the process as possible.
Keep communication between you and the employer friendly.
The information to collect during the period of treatment includes the following:
- Incidents in the workplace
- Medical information about your injury
- Letters from your employer about your claim
- Offer of modified work
You should inform the employer about your condition and changes in your ability to complete your tasks regularly.
Is it possible to fire someone who receives workers’ compensation? Unfortunately, yes, but it’s not so cut and dried. While employees can’t be dismissed merely for applying for compensation, there are other grounds for termination.
The best course of action if you feel your job is threatened after pursuing workers’ compensation is to book a consultation with a workers’ compensation lawyer to know what your rights are and develop a strategy if you’re being let go illegally.
