When you and your boss don’t have a strong rapport and are against your decision to accept workers’ comp, this can create a legal problem. If they feel inclined to fire you, this will leave you without a job or any financial stability and prevent you from finding a replacement job.
Depending on the circumstances of your termination, your employer’s actions may be considered illegal. Termination while on workers’ compensation is possible, but whether it is ethical is a question you should leave to your attorney. You can speak with a workers’ compensation attorney to clarify whether your situation is a case of workplace retaliation.
Can my employer fire me while I’m on Workers’ Comp?
Technically, yes, they can if it is for a just reason. However, firing you specifically because you have filed a workers’ compensation claim, which is not legal. It may be justified if you were injured and they fired you for a reason unrelated to your compensation claim. It is better to speak to a workers’ comp attorney, who investigates the reasons behind your termination. If you were fired for an illegal reason, this could be considered retaliation within the workplace.
Additionally, while you are on temporary or permanent disability and still receiving benefits, you can’t be fired for not performing the roles that you occupied previous to your injury.
What if I’m fired for having a Permanent Disability?
When you become disabled, you are protected by the Americans with Disabilities Act and Equal Employment Opportunity Commission laws. Your place of employment must provide you with reasonable accommodation.
Disabled employees should be reassigned to a permanent role. If your employee tries to fire you based on an injury, this is considered to be prejudicial firing, which is illegal.
After I’m fired, Can I still receive Workers’ Comp Benefits?
After you’ve been fired, you can still receive workers’ comp benefits. Once you’ve been granted those benefits, you can still receive them. Your employer can’t remove benefits provided by their insurance agency.
Even though employers still pay for premiums, the state provides the insurance. These benefits do not depend on your continued employment with your employer and company.
What is Workplace Retaliation?
Workplace retaliation occurs when you file for a workers’ comp claim due to an injury or work-related medical condition, so your employer fires you for that one reason. It is illegal, and you are protected from this ill will.
In what other ways do employers retaliate?
Employers may try various methods to discourage you from filing a workers’ compensation claim. Although you are well within your rights to file a claim after a workplace injury, a greedy employer may still attempt to block you illegally from receiving workers’ comp benefits.
Coercion
Coercion at work occurs when someone in a position of authority uses their status as a form of leverage. This allows them to control how individuals behave in their sphere of influence. Your employer may try to pressure or force you not to file a claim for ulterior motives.
Threaten to Terminate
It is illegal if your employer threatens to fire you if you file for workers’ comp or attempt to take time off. Just the threat of termination is wrongful and may require legal action.
Intimidation
Employers may try to intimidate or discourage you from filing workers’ comp through various means. For example, they may leave you out of important meetings, give you unsavory projects, or deny workplace benefits you would have otherwise deserved.
How Can my attorney help if my employer is retaliating?
When you work with an attorney on your side, they protect your right to remain employed. They also make sure you can file for workers’ comp to receive the benefits you deserve. According to the Law Offices of Nathaniel F. Hansford, your attorney can prove that your employer retaliated against you by providing the following:
Showing The Timeframe of Termination
Your attorney can show that your employer retaliated by connecting the time you were demoted or fired to your workplace injury.
Any negative action taken against you that closely followed the completion of your workers’ comp claim can indicate workplace retaliation. Employers that plan to retaliate often swiftly respond to the filing of a workers’ comp claim.
Revealing Statements of Supervisors
Employers may have said specific things that discouraged you from taking time off from work. For example, they may recommend that you don’t seek medical treatment. Your employer may also request you return to work before you completely recover or receive medical clearance from your doctor. This behavior is unfair, especially when you are still trying to overcome your injuries.
Exposing Change of Job Title
After you’ve been injured, your employer may change your job title and demote you. This can happen because you are temporarily or permanently disabled. Even though this may seem logical, it’s unfair that you don’t get to fill the same role due to an unexpected calamity.
Your attorney can prove that this is workplace retaliation because you were injured when this occurred.
Showing Employer’s Reaction to Workers’ Comp
Your employer may begin to act strangely or change the way they treat you after you file a workers’ comp claim. For example, they may exclude you from conversations or discriminate against you in other practices. When you notice that you are being treated badly at work, let your attorney know.
Try to take account of any emails, texts, or other documentation that shows how you’re being treated. Coworkers can also help as they can provide eyewitness testimonies.
How can I protect myself against dismissal or retaliation in the workplace?
If you have been removed or are experiencing some form of workplace retaliation, you must seek legal counsel immediately.
Even though you may not have been terminated due to your workers’ comp claim, you should still have a lawyer review your case. They can determine if your employer intentionally terminated you to prevent you from receiving benefits, taking time off from work, and taking legal action.
References
- Brenner, L. (2017) Is wrongful termination covered under a workers’ compensation policy?, Small Business – Chron.com. Chron.com. Available at: https://smallbusiness.chron.com/wrongful-termination-covered-under-workers-compensation-policy-62597.html
- A guide to disability rights laws. Available at: https://www.ada.gov/cguide.htm
- Discrimination by type.US EEOC. Available at: https://www.eeoc.gov/discrimination-type