If you have an active workers’ compensation claim, you might be wondering if you could be fired. You cannot be fired for filing a claim for workers’ compensation, but you could be fired while you have an active claim. Most states are “right to work” states, which means employment can be terminated at any time and for any reason. With this being said, yes, you could be fired, but it could end up costing the employer more in the long run. If you are fired while receiving workers’ compensation, it could lengthen the timeframe that it takes you to return to work. So, you would receive workers’ compensation benefits for a longer time. Grounds for Termination Your employer cannot fire you for having a workers’ compensation claim, but in a right to work state they don’t have to have a reason to end employment. You would have to prove without a reasonable doubt, that you were fired because of your claim to pursue a case against your employer for wrongful termination. In most cases, even if you are going to be fired for other reasons, your employer will wait until your workers’ compensation claim has been settled or you are free to return to work. At that point, they wouldn’t have to worry about paying out more in workers’ comp benefits or being accused of firing you for your workers’ compensation claim or your workplace accident. However, if your workplace accident was because of you violating laws or protocol, then that could be used against you when you are terminated. Illegal Activities For example, you are a delivery driver. You are driving the truck when you are involved in a crash. The crash was your fault, which does not matter as far as the workers’ compensation claim goes. But, you were at fault because you were under the influence of drugs. In that case, you are breaking the law, so you could be terminated because you will face a DUI and will most likely have your driver’s license suspended. Without a license, you cannot drive the delivery truck. Your illegal activities could have also come back on the company. Most likely, there was an agreement with the employer in your new hire paperwork that indicated you would not operate a vehicle while under the influence of drugs or alcohol and if you broke that regulation, you would be fired. Consult With a Workers’ Compensation Lawyer If you have been hurt while working, consult with a workers’ compensation attorney. Workers’ compensation claims are challenging and you need someone to negotiate with the insurance company. Also, if you are fired while receiving workers’ compensation, an attorney can help answer any questions that you have and determine if any laws were broken. To have your case reviewed by a lawyer in your area, complete the Free Case Evaluation Form on this page to get in contact with an attorney in your area who handles such cases. Additional Resources Does It Matter If I Was at Fault for an Accident? What Happens If You Get Fired While You Are Collecting Workers’ Comp?
