Workers’ compensation laws aim to make it easier for employees to return to work after suffering an illness or injury. Every state and territory has workers’ compensation laws, and each state or territory’s legislation outlines the employer’s responsibilities.
Many workers who sustain injuries in a work-related accident cannot carry out their usual job responsibilities. They are thus either required to work in a new capacity or remain home until they are well. If this occurs to you, you may wonder, “Am I going to lose my job over this?”
Unfortunately, many individuals are terrified of losing employment, so they don’t report workplace accidents or apply for worker’s compensation payments.
Should you be Fired for Filing for Workers’ Compensation?
A yes or no answer is possible. It is illegal to fire someone for submitting a workers’ compensation claim. The workers’ compensation program shields employees from dangerous working circumstances, which also offers them a way of securing a stable income and access to medical attention.
It was created to ensure that employees wouldn’t worry about losing their employment if they suffered an injury while doing their duties. However, while filing a workers’ compensation claim, your employer is not prohibited from firing you.
There are still some other reasons why you could be fired or laid off, such as:
More Than Three Months of Absence.
An injured worker who misses more than three months of work is not protected from termination since a three-month leave is not regarded as fair. As a result, it does not qualify as a “prescribed form of disease or injury.”
A certain state or territory’s employers compensation statute may shield an injured employee from termination if their absenteeism exceeds three months. This only holds, however, if the employee’s dismissal was principally brought on by their absence while receiving workers’ compensation.
Being Laid off While Receiving Workers’ Compensation.
The company must still follow the relevant laws and provide notice if they fire an employee receiving workers’ compensation. In addition, the employer must pay entitlements, such as redundancy compensation (if applicable).
Additional grounds for termination include:
- Inadequate performance at work.
- Financial issues with the company.
- Company restructuring.
- Any other legal justification.
If these circumstances are true, no regulations prohibit being fired while receiving workers’ compensation. But according to the law, your employer cannot discharge you if you request workers’ compensation.
How do At-Will Versus Contract Employees fit Into This Situation?
At-Will Workers.
If you work for an employer with the right to terminate you at any moment and without giving a reason, you are considered an at-will employee. However, it also implies that you are free to quit your work whenever you choose, for any reason or no reason at all.
Contract Workers.
Contract workers, on the other hand, are in a different situation. Almost often, contract workers are covered by a union contract. In most circumstances, these agreements forbid your employer from firing you without the specified justification.
Employers find it considerably simpler to terminate at-will employees under workers’ compensation. However, your employer won’t come out and say they’re firing you because you filed for workers’ compensation, and they can’t afford it.
Most employers are aware that being thus honest may result in extremely expensive legal disputes. Instead, they try to find a reason to fire you so they can say it wasn’t because of your workers’ compensation claim.
Contract employees, as previously mentioned, have greater safeguards than at-will employees, although this does not exclude the possibility of their termination if they receive workers’ compensation. If you are absent for a long time, say, six months to a year, many contracts have clauses that allow your employer to terminate you.
Employers, particularly those that employ at-will workers, are familiar with various firing procedures. Therefore, your responsibility is to closely monitor how your company responds if you submit a workers’ compensation claim. If you believe it is the sole reason you were dismissed, it was probably retaliation, and you should speak with a lawyer about suing.
Retaliatory Termination.
It is against the law for your employer to fire you for no other reason than that you have filed for or are receiving workers’ compensation. However, it is challenging to establish the precise reason why your company dismissed you. Workers’ compensation may have been a factor, but employers may also point to issues from the past or invent an explanation for your dismissal.
How can i Tell Whether my Dismissal was Solely due to My Filing a Workers’ Compensation Claim?
Regardless of how concerned your employer may be about compensation, they are not permitted to terminate you only because you have submitted a workers’ compensation claim. You must be alert to the indications that this is taking place, which include:
Timing.
How soon after you told your employer you intended to submit a workers’ compensation claim were you fired?
Reaction.
What was the response from your employer when you notified them about your workers’ compensation claim? Angry? Annoyed? Has anybody tried to persuade you not to do it?
Situation.
Are you the lone employee who has been let go? Is your workplace typical for the way you were fired?
Explanations.
Do you find the justifications for your termination to be inconsistent or illogical?
Treatment.
Have you seen barriers in your path after filing a workers’ compensation claim that would give your employer reasonable grounds to dismiss you or cause you to resign? Has your rank been reduced? Has the nature of your obligations changed? Has your manager penalized you without obvious cause?
Will i Continue to get Workers’ Compensation Benefits if i’m Fired?
Whether your company has terminated your employment or laid you off, your workers’ compensation payments continue. The insurance company of your previous employers must nevertheless provide you with wage loss compensation and medical insurance as required by law. If your physician deems you fully recovered or improved medically, you will continue to get these benefits.
Conclusion.
You ought to consult an attorney immediately if you feel you were dismissed while receiving workers’ compensation due to the claim. A successful result in a lawsuit to defend your rights may be greatly improved with the help of a qualified attorney.