If you suffered a work-related injury and pursued a claim for workers’ compensation, then the time might come when the doctor releases you to return to light duty work, which adheres to your restrictions and limitations. Often, your restrictions or limitations at work will reduce your productivity. You might be worried that if you return to light duty work you will be fired. If you are faced with this problem, you should be aware of how termination of employment will affect your workers’ compensation claim and your employment benefits. In many states, such as in Tennessee and Georgia, employees are employees at will. That means they can be fired for any reason – no reason, good reason, or bad reason. Union employees are better protected from these situations than at will employees. At will employment gives workers very little to no protection. Certain federal laws do, however, offer protection, but many of those federal laws are only applicable to specific employers and specific situations. But, most at will employee states don’t have laws to keep you from being fired during an open claim for workers’ compensation benefits. What Happens if I Am Fired While on Light Duty? If you are on light duty and your employer fires you, you probably wonder how your job termination will affect your workers’ compensation case and your benefits. One critical aspect of the situation is depending on state laws and whether you have returned to a suitable job role at the time you were fired. If you are out of work and receiving your temporary total disability benefits from workers’ compensation, then most likely, you will continue to receive benefits. In this case, you already proved you were unable to work because of the workplace injury, so your employer must prove you are able to return to work before stopping those benefits. If you are working light duty, then you have shown that you can perform some light duty work. Just because you are fired, your workers’ compensation claim doesn’t end. You can still receive workers’ compensation benefits after you have been laid off or fired from a job. Even if you were fired because of the accident that caused your workplace injury, you might still be able to recover workers’ compensation benefits, such as medical benefits and a portion of the lost wages because of reduced pay or reduced hours. Consult with a Workers’ Compensation Attorney If you have been hurt while on the job then released to return to light duty work and terminated from your employment, you should consult with a workers’ compensation attorney who is licensed in your state. With the help of a workplace injury lawyer, you will be able to keep or access the benefits that you are entitled to receive in such situations. Workers’ comp lawyers work on a contingency basis, so you have nothing at all to lose. Complete the Free Case Evaluation Form today! Additional Resources What If I Can Do Light Work but My Employer Doesn't Have Any? What is Modified Work?
