Workers’ compensation is a type of insurance cover maintained by nearly every employer. In the event that you are injured or become ill at work, then you should be able to obtain compensation from your employer’s insurance provider to cover things like medical treatment and lost earnings while you are unable to return to work. Workers’ compensation is a no-fault type of insurance, so it shouldn’t matter who was to blame for your injury. You should still be covered, unless you deliberately caused the injury, or the injury didn’t occur while at work. Employees who do make workers’ compensation claims are often worried whether they may be fired while they are off work or when they return and how this might affect their compensation. State Laws Prohibit Discriminatory Firing Workers’ compensation rules are determined by each state. They tend to vary a little, so some states provide better provision than others, but in the main they tend to be very similar. All states make it illegal for an employer to take it out on an employee for claiming compensation. In other words, you should not be fired just because you made a legitimate claim. There shouldn’t be really any need to do that as the payment is actually made by the insurance provider, not the employer, but some employers may still be tempted to try this anyway. Despite this almost universal rule, there are quite legitimate reasons why your employer may terminate your employment at some point after your injury. If this happens, you should still be able to receive workers’ compensation payments for some time. If in doubt about your rights under state law, you should certainly consider approaching a workers’ compensation attorney to discuss your situation. If You are Fired While Receiving Workers' Compensation If your employer fires you after workers’ compensation payments have already been agreed, then you should be still entitled to receive them for some time, anyway. Employers may decide that even though you were entitled to receive compensation your impairment may make it impossible for you to continue to work in the same capacity as before. You may also be fired for some other reason entirely, which had nothing to do with your injury or the compensation you received. In both these cases, your workers’ comp. payments should still carry on until your doctor decides that you are fit to return to work. Even though you have lost your job, you would need to be available to work if still receiving compensation. Why Help From a Lawyer May Be Useful If you have been fired after your claim for workers’ compensation had been accepted, then you may be concerned about the continuation of payments. A workers’ compensation attorney will know what you should be entitled to and whether your employer was breaking the law in firing you. Consult with a workers’ compensation lawyer by filling out our Free Evaluation Form. Additional Resources Can I Be Terminated If I File for Workers’ Compensation? What Happens If You Get Fired While You Are Collecting Workers’ Comp?
