Can You Be Fired While Out on Workers Compensation?

Can You Be Fired While Out on Workers Compensation? 

There are two main things no employee wants to have happen in concerns to their work: getting hurt or getting fired. Unfortunately, workplace injuries are prevalent across several industries even in environments that are tailored for safety. Try as you might, injuries are impossible to completely avoid. But if you have to be out of work due to a workplace injury, does that mean you can be fired?

The general, short answer is no. The long answer to this question pertains to certain laws and regulations on both state and federal levels that prevent employers from firing employees simply because they are unable to work due to a work-related injury. In fact, employers who fire an employee simply because they are unable to work after a work-related injury may be sued by said employee for compensation.

This kind of claim or lawsuit is generally referred to as a retaliatory discharge claim, meaning a claim against the employer for firing an employee in retaliation for a workplace injury. For this claim to be successful, the employee must be able to prove that they were fired due to the workplace injury and no other reason.

Many of these incidents tie into the possibility of having workers compensation claims denied, as well. If an employee starts a fight at work with another employee or customer, for example, injuries that arise due to this fight are unlikely to be covered under workers compensation. These types of accidents will not be covered legally, either.

Keep in mind that workers compensation itself does not offer job security or protection. Simply because you are on workers compensation does not mean that you are protected from termination. There are simply some instances in which your employer should not fire you, such as if you are back to light work after a workplace injury and do not have any other causes for termination. However, if an employer fires you simply because they do not want to offer you workers compensation benefits any longer, you may be entitled to pursue legal action. 

Discrimination on Workers Compensation 

Retaliation does not always come in the form of termination. In some cases, employers may see fit to discriminate against their injured employees, often in an attempt to encourage the employee to leave. This, too, is illegal and can result in a lawsuit or other legal action. Discrimination may include taking away desirable shifts with no professional purpose, inappropriate comments, withdrawing duties that the employee is still able to perform, refusing to adhere to reasonable work restrictions and more.

There are some instances where an employer may fire an employee without cause in relation to a workplace injury, but many of these instances allow you to continue receiving wage replacement from workers compensation. This includes if you are fired because the employer cannot accommodate your work restrictions, the employer could no longer hold your job while you were out on workers compensation, or the company had to downsize/went out of business. While you may be covered under wage replacement in these cases, you may still be required to look for a job simultaneously.