If you’re currently on workers’ compensation, you may wonder: Can I be fired for filing a claim? Here’s a look at some of the reasons you might be fired.
The question of “Can I be fired while on workers’ compensation?” crosses several important employment law concepts. While you cannot be fired because of your injury, you are not completely protected from being laid off or terminated. However, there are several ways that your employer can make your termination difficult if you’re receiving workers’ compensation benefits. Read on to learn more about these issues and how to protect your income while on workers’ compensation.
First, you need to understand the concept of at-will employment. At-will workers are subject to termination without reason. If an employer terminates your contract for any reason, you are entitled to workers’ compensation. The reason for this is that your employer is legally allowed to fire you. Even if you’ve been laid off for an extended period of time, you can be fired while on workers’ compensation benefits. However, this is a complex legal question and a lawyer will be of help.
Reasons to be fired while on workers’ compensation
While there are some instances where an employer can fire a workers’ compensation beneficiary, it is uncommon. However, the employer may have certain legal rights if the employee does not follow their doctor’s orders and continues to be on workers’ comp. Employers can also hire private investigators to follow workers’ comp patients and document their activities. There are some situations where an employee can be fired while on workers’ compensation without any explanation.
Retaliation is not always easy to spot. An employer knows that firing a worker on workers’ compensation is likely to result in a lawsuit, so they try to hide the fact by using other reasons. They might cite past performance issues, missed work days, tardiness, and other seemingly insignificant issues. Nevertheless, retaliation will be hard to prove unless it is documented clearly.
Can I be fired for filing a workers’ compensation claim?
While it is unlikely that you will be fired for filing a workers’ compensation insurance claim, some employers will deny workers’ comp claims, even if it was retaliatory. In such cases, you should seek the help of a workers’ compensation attorney to fight your case. It is also vital to document the entire process, including any interactions with your employer. You may be able to receive additional compensation, including reinstatement. A penalty may also be collected if the employer refuses to pay your lost wages. In California, this is possible if your employer refuses to pay your workers’ compensation benefits.
While it is difficult to prove retaliation in a workers’ compensation case, you can use the evidence you gathered before the incident. It is important to note that evidence gathered before the firing is more persuasive than that gathered afterward. Moreover, if you were a contract employee, your employment rights will be much more protected. In such a case, you must file a workers’ compensation claim within two years after the incident.
Can I Be Fired While on Workers Compensation? Is That Legal?