Can You Be Terminated While on Workers Compensation?

It is possible to be fired by your employer while receiving workers’ compensation, but you cannot be fired for filing a workers’ compensation claim. If you made a mistake or didn’t follow company procedures before your injury, your employer may choose to terminate your employment. Likewise, if your injuries prevent you from doing your job, you may also be terminated.

Legal Reasons for Firing Someone Who Is Out on Workers’ Comp

To understand why you might be fired while receiving workers’ comp, you first need to know whether you are a contracted employee or if you are employed “at will.” Contracted employees may not be terminated as easily as “at-will” employees. An “at-will” employee can be terminated for reasons like:

• Poor job performance
• Excessive absences or tardiness
• Not following company guidelines and/or procedures
• Layoffs
• Company restructuring
• Inability to do your job

Here’s the catch: an employer will rarely tell an employee they are being fired because they filed a workers’ compensation claim – most employers are too smart to make this mistake. If they did, they know you would be able to file a discrimination lawsuit. Instead, an employer who wants to fire you may use legally binding reasons.

For example, if you have a history of excessive absences, written write-ups, or warnings, your employer may be within their legal right to fire you. If, however, your employer is firing you for a reason you think might not be valid, it may be worth consulting an attorney to learn your legal rights. As workers’ compensation is a program designed to help you receive pay when injured on the job and unable to work, it is unlawful for an employer to retaliate against you if you file a workers’ comp claim.

An Employer’s Retaliation for Filing for Workers’ Comp Is Illegal

Employers know retaliation is illegal, and so most employers will not risk retaliating against an employee who has filed a workers’ comp claim. Employers who fire employees for filing a claim hope the employee isn’t legally savvy and won’t attempt to file a lawsuit against them.

At Pond Lehocky Disability, we fight for the rights of wrongfully terminated employees. Hiring one of our workers’ compensation lawyers means your case will be reviewed and a determination will made as to whether or not your employer illegally terminated you. If they did, our team will fight for your right to collect compensation for wrongful termination.

How Long Does Your Employer Have to Hold Your Job While You’re Out on Workers’ Comp?

Unfortunately, your employer isn’t required to hold your position open while you are out on workers’ comp. That said, many employers do hold their employees’ positions for them, especially if the position would be expensive to fill (due to training) or if you’ll be able to return to work relatively quickly.

It’s important to keep in contact with your employer. Ask them how frequently they’d like you to check in and provide updated status reports from your healthcare provider to show your recovery progress.

Can You Call Out Sick While on Workers’ Comp?

If you are not working and you are receiving workers’ compensation, you may wonder if you can use your paid sick time benefits on top of your workers’ comp. It may be possible to use some of your paid benefits, like temporary disability, and the same may be true for sick time.

Your employer cannot force you to use your sick time or paid time off benefits while you are on workers’ comp, but you may choose to do so to supplement your income if necessary.

How Do You Determine When You’re Able to Return to Work?

Most claimants want to go back to work as soon after a workers’ compensation claim as they can because they make more money while working. However, it’s important to assess your situation and be certain you are physically able to work. Here are six ways to determine whether you are ready to return to work:

1. Consider your situation. Would going back to work cause an undue burden on you and your family? Do you have enough support at home and at work to be able to do your job and manage your home life?
2. Look at your options. You may not be able to do the same work you once did. Is it possible for you to return to your job in a different role or a limited capacity, or should you find employment elsewhere?
3. Ask for advice. Talking to close friends and loved ones can give you a different view of the big picture. If your closest friends and family members think you need more time to recover, you may need to reconsider returning to work.
4. Consult with your doctor. Your doctor will need to sign off on your ability to return to work.
5. Talk to an advocate. If you want to return to work but aren’t sure if you’ll be able to, some programs will advocate for you. One is the Social Security Administration’s Ticket to Work program, which protects Social Security disability benefits while you attempt to return to work on a trial basis.
6. Have a Plan B in place. Sometimes going back to work doesn’t pan out like you thought. If this happens, it’s good to have a backup plan, as this helps protect you and your employer.

Returning to work after an injury, with or without a disability, is a big decision that shouldn’t be made lightly.

Are There Legal Guidelines for When You Should Return to Work?

There’s no legal standard for when you should return to work, and each state’s guidelines for workers’ compensation will differ. For clarification, it may be best to talk to a lawyer in your state.

What Do I Do if My Employer Sends Me Back to Work Too Early?

Your employer cannot require you to come back to work before you are released by your doctor. However, your doctor may release you before you are ready. If your doctor releases you to go back to work but you are not yet fully healed enough to perform your tasks, you could risk becoming reinjured and losing your workers’ compensation benefits.

In this case, you need the protection of a workers’ compensation attorney to protect your interests, review your claim, and continue receiving benefits. Each workers’ compensation claim is different, and each person heals at a different pace. If you do not feel adequately prepared to do your job, it is important to discuss this with your doctor – and get legal help if your doctor releases you before you feel physically ready to go back to work.

Talk to a Lawyer if You Were Terminated While Out on Workers’ Compensation

Pond Lehocky Giordano has helped thousands of clients recover maximum compensation for their pain, suffering, and medical costs. Our attorneys have over 250 years of combined experience and have won 100,000+ cases. Contact us for a free consultation at 1-800-568-7500 or via our online form.