Can You Be Terminated While on Workers’ Compensation?
Workers’ compensation is for employees after they have been hurt on the job. These benefits make sure that injured workers receive medical care and financial compensation while they recover. However, many workers wonder if seeking benefits might jeopardize their employment. So, can you be terminated while on workers’ compensation?
At Work Injury Advisor, we have created this blog to look at the legal protections surrounding workers’ compensation claims, and the steps employees can take if they feel they have been wrongfully dismissed.
Protections Under Workers’ Compensation Laws
In every state in the United States, workers’ compensation laws provide employees with benefits in case of workplace injuries or illnesses. The fundamental principle behind workers’ compensation is the concept of “no-fault” insurance. Under this policy, employees can receive benefits regardless of who was at fault for the injury.
While some workers might fear for their jobs, most states have provisions in their workers’ compensation laws that make it illegal for an employer to terminate an employee because they filed a claim. Under these anti-retaliation provisions, workers are encouraged to report injuries and get the necessary medical treatment without fear of losing their jobs.
Retaliatory Termination Can Still Occur
Despite these legal protections, some employers may still attempt to retaliate against employees who file workers’ compensation claims. Retaliatory termination does happen. These actions are illegal under most state laws. Employees who believe they have been wrongfully terminated can take legal action against their employer.
Unfortunately, proving that you were fired due to retaliatory termination is a challenge. Some employers may attempt to justify their actions by stating that the employee had unrelated performance issues, the company restructured, or the person’s position was eliminated. In these situations, the employee needs to make a clear connection between their workers’ compensation claim and their termination.
Does the At-Will Classification Matter?
Under at-will employment, an employer can terminate a worker at any time, for any reason, or no reason at all, according to the National Conference of State Legislatures. However, it cannot be for an illegal reason, such as discrimination or retaliation for filing a workers’ compensation claim.
While at-will employment gives employers flexibility when it comes to termination decisions, that does not override the protections of employees under current workers comp laws. If they do so, then that could be considered wrongful termination.
What Happens to Your Benefits If You’re Fired?
If an employee is terminated while receiving workers’ compensation benefits, several scenarios can happen. Employers can fire an employee on workers’ compensation for legitimate reasons unrelated to the claim. In these cases, the benefits continue unaffected. However, the employee may lose their health insurance or pension contributions.
If an employee believes they were terminated as retaliation for filing a workers’ compensation claim, they could file a wrongful termination lawsuit. The next steps involve filing a complaint with your state agency or pursuing a civil lawsuit. If the claim is successful, they could receive job reinstatement, back pay, and additional damages.
What to Do If You Suspect Retaliatory Termination?
If you believe you have been terminated in retaliation for filing a workers’ compensation claim, you need to take immediate action. Some of the steps you need to take include:
- Keep detailed records of your interactions with your employer, including any conversations, emails, or letters related to your workers’ compensation claim and termination.
- Since these cases involve workers’ compensation and employment law, consult with an experienced attorney who understands these situations. They can help you throughout the process while protecting your rights.
- In many states, you can file a complaint with the state agency responsible for enforcing workers’ compensation laws or with the Equal Employment Opportunity Commission (EEOC).
- If a complaint with a state agency does not resolve the issue, you may have the option to file a civil lawsuit against your employer.
While workers’ compensation laws offer protections for injured employees, the possibility of termination can still loom for many workers. While an employer cannot legally terminate an employee solely for filing a workers’ compensation claim, they could use other reasons for firing them.
If you believe you have been wrongfully terminated for seeking workers’ compensation, you should consult with an attorney. They can help you protect yourself, potentially secure the compensation you deserve, and ensure that you are treated fairly under the law.