Can You Be Fired While on Workers’ Compensation? Know Your Legal Protections
Suffering an injury at work can be stressful enough without worrying about losing your job while you recover. Many injured workers ask, “Can I be fired while on workers’ compensation?” The answer depends on your state laws and the circumstances surrounding your termination. Understanding your legal protections is essential to safeguard your rights. If you’re concerned about job security during your workers’ comp claim, you may also find yourself wondering, Do I Need a Workers’ Comp Lawyer?
What Does the Law Say About Firing Injured Workers?
In general, workers’ compensation laws are designed to protect employees from retaliation or wrongful termination because they filed a workers’ compensation claim. It’s illegal in most states for an employer to fire you solely because you filed a claim or exercised your right to benefits.
However, this protection doesn’t mean you have absolute job security. Employers can terminate your employment for legitimate reasons unrelated to your injury or claim, such as:
- Poor job performance prior to injury
- Company downsizing or layoffs
- Violation of workplace policies
When Can You Be Fired While on Workers’ Compensation?
If your employer fires you while you are on workers’ compensation, it’s important to assess the reason. If the termination is clearly retaliatorysuch as firing you immediately after filing a claimthat may violate the law. Proving retaliation, however, can be complicated and often require detailed evidence.
Additionally, if you cannot perform your job duties because of your injury and no reasonable accommodation can be made, an employer may have grounds to terminate your position.
Why You Might Ask, “Do I Need a Workers’ Comp Lawyer?”
If you believe you have been wrongfully terminated due to your workers’ compensation claim, consulting a lawyer can help you understand your rights and options. A skilled attorney will investigate your case, gather evidence, and fight back against retaliation or discrimination.
Even if your termination is lawful, a workers’ comp lawyer can help ensure you receive the full benefits you deserve, especially if your injury is ongoing.
What Steps Should You Take If You’re Fired?
If you lose your job while on workers’ comp:
- Document everything: Keep records of your injury, claim filings, communications with your employer, and reasons given for termination.
- Contact your state labor or workers’ compensation board to report any suspected retaliation.
- Consult a workers’ compensation attorney to evaluate your case and protect your rights.
While it’s possible to be fired while on workers’ compensation, the law offers protections against wrongful termination and retaliation. If you’re unsure of your rights or facing job loss, asking Do I Need a Workers’ Comp Lawyer? can be the first step toward securing your financial and legal protection during this difficult time.
