Can You Be Terminated While on Workers’ Compensation

Workers’ compensation is designed to protect employees who are injured on the job. It provides them with financial support for medical bills, lost wages, and rehabilitation while they recover. However, one concern that many injured workers have is whether they can be terminated while receiving workers’ compensation benefits. It’s illegal to fire someone solely because they’ve filed a workers’ compensation claim. However, there are still some circumstances in which an employer can legally terminate an employee during this time.

Understanding your rights is essential if you’re receiving workers’ compensation and find yourself facing termination. In these situations, consulting an attorney is critical to ensure your rights are protected.

Termination for Reasons Unrelated to Workers’ Compensation

It’s important to know that workers’ compensation laws protect employees from retaliation by their employers. An employer cannot fire an employee because they filed a workers’ compensation claim or sustained a work-related injury. However, being on workers’ compensation does not guarantee job security if there are other legitimate reasons for termination.

Some common reasons for termination while an employee is on workers’ compensation that could be considered legal include:

• Layoffs or company restructuring: If a company is downsizing or eliminating certain positions, employees on workers’ compensation can still be included in these layoffs. This is true as long as the decision is not related to their injury or claim. An employer must be able to demonstrate that the termination was part of a broader decision affecting other employees as well.
• Poor job performance: If an employee has a documented history of poor job performance or misconduct before the injury occurred, an employer may be able to terminate them during their workers’ compensation leave. The employer must prove that the termination is based on performance issues or misconduct unrelated to the workers’ compensation claim.
• Inability to perform the job: In cases where an employee is permanently unable to return to their job due to a severe injury, an employer may legally terminate the employee. If a worker cannot fulfill the essential functions of their position even after reasonable accommodations are made, an employer is not required to keep them employed indefinitely. However, workers in this situation are still entitled to workers’ compensation benefits and may have access to vocational rehabilitation programs.
• End of temporary employment: For temporary or seasonal workers, if the end date of the employment contract coincides with the period during which they are receiving workers’ compensation, the employer is typically not required to extend the contract.

What Constitutes Retaliation?

An employer may legally terminate an employee for reasons unrelated to their workers’ compensation claim. However, firing someone because they filed a claim is considered retaliation and is illegal. If you suspect that your termination was motivated by the fact that you filed for workers’ compensation, you may have grounds for a wrongful termination lawsuit.

Retaliation can come in various forms, including:

• Being terminated shortly after filing a claim
• Experiencing a sudden negative change in how you’re treated at work
• Having your job duties reassigned unfairly

In these cases, it’s crucial to speak with an attorney. They can help you assess the situation and take legal action if necessary.

What Should You Do If You’re Terminated While on Workers’ Compensation?

If you are terminated while receiving workers’ compensation, it’s essential to know that you will continue to receive your benefits. You still receive medical care, wage replacement, and any other applicable benefits even if your employment ends. However, it’s also important to explore whether your termination was lawful.

Consulting an Attorney

If you’ve been terminated while on workers’ compensation, regardless of the reason given, it’s wise to speak with an attorney to better understand your rights. An experienced workers’ compensation lawyer can help determine whether the termination was lawful and protect your access to ongoing benefits. For more information or to speak to someone about your situation, contact Borrelli & Associates, P.L.L.C.