Being injured at work is already a stressful situation, but the fear of losing your job while on workers’ compensation can add to the anxiety. Can you be fired while you are on workers’ comp and while you are recovering? The answer may not be as straightforward as you think, and it’s crucial to understand your rights and protections during this time.
In this article, we will delve into the complexities of being fired while on workers’ comp, exploring the legal framework, possible reasons for termination, and steps you can take to protect your rights during this challenging time.
Can an Employer Fire an Employee on Workers’ Comp?
It’s a common mistake and many people think they cannot be fired while they are on workers’ compensation. While it is illegal for your employer to fire you in retaliation for you filing a workers’ compensation claim, few employers are stupid enough to tell you that’s what they are doing.
The flip side of the coin is that you don’t have immunity while you’re on workers’ compensation. So, if there is a layoff when your company is downsizing you can be laid off despite your status in the workers’ compensation system. Similarly, if your employer cannot accommodate your restrictions, they aren’t required to hold your position indefinitely. They can replace you. Finally, if you mess up you can get fired for cause.
You should be cautious as more than one shady employer has fired an injured worker and claimed it was for cause when the facts were debatable. For instance, we represented a retail employee who taught Sunday school regularly and was about as devout as they come. Following her injury, she was assigned to work as a greeter. She was fired for allegedly using the “F word” to a customer.
This was almost impossible to imagine happening. The proof of this? An anonymous letter to the store manager. At the hearing when asked why the store would believe such an outrageous accusation from an anonymous source, the manager defended it and said she believed the “anonymous source” because it was her own daughter. The Manager admitted to asking the daughter to write the letter and instructed her not to sign it. Yet the manager clung to the story that the underlying offense really occurred.
What Should You Do if You are Fired While on Workers’ Comp?
Being fired while on workers’ compensation can be a difficult and upsetting experience. However, it’s important to know your rights and take the necessary steps to protect yourself. Here is a guide on what you should do if you are fired while on workers’ compensation:
1. Understand Your Rights
Familiarize yourself with the workers’ compensation laws in your jurisdiction. Remember that being on workers’ comp does not grant you absolute job security, but it does provide certain protections against wrongful termination.
2. Gather Evidence
Keep records of any correspondence, emails, or documentation related to your workers’ compensation claim, as well as any interactions with your employer regarding your termination. This evidence can be crucial if you decide to take legal action.
3. Review Your Workers’ Comp Benefits
Losing your job while on workers’ comp may impact your benefits. Understand how your termination affects your compensation, medical coverage, and rehabilitation services. Your attorney can assist you in addressing any potential issues.
4. Explore Your Options
Evaluate whether taking legal action is appropriate as a response to your termination. An attorney can advise you on the best course of action based on your specific circumstances and goals. Possible outcomes may include seeking reinstatement, negotiating a settlement, or pursuing a lawsuit for wrongful termination.
5. Consult an Attorney
It’s advisable to seek legal advice from an attorney who specializes in workers’ compensation cases. They can help you understand your rights, assess the strength of your case, and guide you through the legal process.
Do You Really Need to Consult with an Attorney?
Consulting with an attorney if you are fired while on workers’ comp may be a crucial step to ensure that your rights are protected. While it is not required to consult with an attorney in every situation, it is highly recommended to seek legal advice in cases like this.
Being fired while on workers’ comp can be a complex and sensitive issue. Each case is unique, and the laws surrounding workers’ comp vary by state. An attorney who specializes in workers’ compensation can guide you through the legal process, explain your rights, and help determine if any wrongful termination or retaliation occurred.
Oxner + Permar Law Firm is experienced in representing injured workers and helping them protect their rights. If you have been wrongfully terminated while on workers’ compensation, we are here to guide you through the legal process. Contact us today for a free consultation.
