Let’s talk about something that keeps many injured workers up at night – the fear of losing their job after filing a workers’ compensation claim. Think of your workers’ compensation benefits like a safety net that’s already been deployed – termination doesn’t make that net disappear. It’s a pretty common fear that potential clients often share with me during the initial stages of their case. It’s a natural concern to have– don’t rock the boat at work and you won’t make yourself a target for unwanted attention.
Most people who get injured at work tell me their primary goal is to return to work as soon as possible and to get this thing behind them. That’s why it’s understandable that they fear angering their employer by filing a workers’ compensation claim.
If you’re reading this, chances are you’re dealing with this exact situation or know someone who is. Keep on reading to get more intel on whether you can get fired for filing workers’ comp by your employer. If you have any other queries on workers’ compensation, you can directly contact the Law Office of Joseph Pluta through a free consultation that you can schedule immediately!
Understanding Your Legal Protections
Here’s the good news – you have robust legal protection. Can you get fired for filing workers’ comp? The short answer is No, and here’s why.
Rest assured, the California Labor Code protects injured workers who find themselves in this vulnerable position. In California, it is illegal to retaliate against an injured worker who files a claim for workers’ compensation benefits. If your employer fires you after you have made a claim for workers’ compensation, you may be entitled to additional benefits. If you believe you have been fired for making a workers’ compensation claim it’s a good idea to consult with a workers’ compensation attorney.
When Can Termination Happen Legally?
Now, let’s address a crucial question: can you be fired while on workers’ comp? Your workers’ compensation benefits are protected by law, and for good reason. While you have protections, there are legitimate circumstances where termination might be legal. Now, just because you cannot be fired for making a workers’ compensation claim it does not mean that once you file your claim you cannot be fired at all. There are several instances where your employer can legally terminate you despite the fact you have an on-going workers’ compensation claim.
Your employer is permitted to terminate you if you can no longer physically complete your work assignments and they have a business necessity to fill your position. Your employer may also terminate you if they have a set policy that treats everyone equally. An example of a policy like this is if an employer terminates any employee who misses more than 180 days of work and that policy is applied to everyone equally.
Understanding Your Benefits After Termination!
Let’s tackle one of the most anxiety-inducing questions injured workers face: what happens to your workers’ compensation benefits if you lose your job? If you’re wondering, “Can you file workers’ comp after being fired?” you’re not alone. Think of your workers’ compensation benefits like a safety net that’s already been deployed – termination doesn’t make that net disappear.
The Continuation of Benefits: What You Need to Know!
Your workers’ compensation benefits are protected by law, and for good reason. Imagine if employers could simply terminate employees to avoid paying benefits—it would undermine the entire workers’ compensation system. Here’s what continues after termination and why:
1. Medical Treatment Coverage
Your medical treatment remains fully covered after termination, which includes everything needed for your recovery. This protection exists because proper medical care is crucial for your recovery, regardless of employment status. The law ensures you receive:
For example, if you injured your back at work and were receiving physical therapy and medication, these treatments continue even after termination. Your authorized treating physician remains in charge of your care, and your employer’s workers’ compensation insurance must continue covering these expenses.
2. Temporary Disability Payments
Think of temporary disability payments as your financial lifeline while you’re healing. These payments don’t stop simply because you’ve been terminated. They continue as long as your doctor certifies you cannot work or can only work with restrictions that can’t be accommodated.
For instance, if your doctor says you can’t lift more than 10 pounds and need frequent breaks, you’ll continue receiving these payments until either:
- Your doctor clears you for full-duty
- You reach maximum medical improvement
- You’re able to find alternative work within your restrictions
Protecting Your Rights: A Strategic Framework
When facing termination while on workers’ comp, you need to think like a detective building a case. Every piece of evidence matters, and here’s why:
1st. Documentation: Building Your Safety Net
When you’re wondering, “Can you sue your employer for firing me for getting hurt on the job?” the strength of your case often depends on the quality of your documentation. For example, if you were terminated shortly after requesting accommodations for your work injury, having emails and meeting notes documenting these requests could be crucial evidence of retaliation.
Consider your documentation as your personal insurance policy. In cases of wrongful termination workers compensation, thorough documentation often makes the difference between a successful claim and a denied one. Start a detailed chronological record that includes all the documentation gathered over time.
2nd. Support Systems: Building Your Recovery Network
Finding yourself fired after workers comp settlement or during your claim isn’t the end of the road. Think of this as a time to explore multiple support channels that can work together to maintain your stability:
Financial Support Systems
Consider these options as pieces of a financial puzzle that can work together:
Unemployment Benefits:
What many don’t realize is that you can often receive unemployment benefits while on workers’ comp, especially if you’re released to light duty but your employer can’t accommodate your restrictions. Think of this as bridging the gap between your current situation and your next opportunity.
Social Security Disability
This is particularly important for long-term or permanent disabilities. The application process takes time, so it’s wise to start early if your doctor indicates your condition may be long-term. Remember, you can receive both workers’ comp and SSDI, though there may be some offset in benefits.
Healthcare Coverage Transitions
Your healthcare coverage options after termination are like a menu of choices, each with its own benefits:
COBRA Benefits:
While often expensive, COBRA allows you to maintain exactly the same coverage you had while employed. This can be crucial if you’re in the middle of treatment and want to keep your current doctors.
Healthcare Marketplace:
Many don’t realize that termination qualifies you for a special enrollment period, meaning you don’t have to wait for the annual enrollment period to get coverage. You might also qualify for subsidies that make coverage more affordable than COBRA.
When to Seek Legal Help: Critical Decision Points
Think of legal representation as preventive medicine for your workers’ comp case. Here’s how to know when it’s time to consult an attorney:
Early Warning Signs
- Your employer suddenly changes your work schedule or duties after your injury report
- You receive disciplinary actions for the first time after filing your claim
- Communication about your claim becomes difficult or hostile
Critical Moments
If your benefits are delayed or denied, don’t wait to seek legal help. The earlier an attorney can intervene, the better your chances of maintaining continuous benefits and protection.
Remember, the workers’ compensation system is designed to protect you, but navigating it successfully often requires understanding your rights and having proper guidance. Don’t hesitate to seek help when you need it – it’s better to have support early than to try to fix problems after they’ve grown more complex. Seeking advice from an experienced Workers compensation lawyer can provide the clarity and support you need to ensure your rights are fully protected.
FAQs
Can you get fired for filing workers comp?
No, it is illegal for an employer to fire you solely because you filed a workers’ compensation claim. Such a practice would amount to retaliation and is prohibited in all 50 states. However, do keep in mind that an employer may still terminate your employment based on other valid business reasons unrelated to your workers’ compensation claim.
Can an employee be fired by an employer while they are on workers’ comp in California?
An employer is not allowed to fire an employee for filing a claim for workers’ compensation. Perhaps you should see this protection as your right to vote or serve on a jury-these are all protected by law. Nevertheless, employers retain the right to make legitimate business decisions based on other non-shareholder motives that may affect an employee’s position during the time of the employee’s claim against them.
Can you file workers comp after being fired?
A disabled worker can always file a claim for workers’ compensation, although the accident that caused the injury must have happened during the course of their employment. You should prepare convincing proof that the injury happened when you were still employed. Successfully filing a claim is more likely when done soon after the incident.
Can I sue my employer for firing me for getting hurt on the job?
You can take legal action if you believe that you were terminated because you were injured while on the job or your claim for workers’ compensation was filed. That would constitute wrongful termination in your workers’ comp case. You must provide evidence to support the conclusion that your termination was based on your injury or claim.
Can you get fired for being injured on the job?
It is illegal for an employer to dismiss an employee as a result of suffering from a workplace injury. The laws protect the rights of workers to obtain medical treatment and compensation for work-related injuries without fear of retaliation.
Can you be fired for getting hurt on the job?
Injuries sustained during work cannot be used as grounds for your termination. However, if you cannot come back to work or perform essential job functions, even during given accommodations, the employer has grounds for your termination.
If I get injured outside of work can I get fired?
If, on the contrary, your injuries happen outside of work, you may not qualify for workers’ compensation, yet might find relief under various other laws such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). These laws may entail that the employer needs to provide reasonable accommodations or protected leaves.
What happens if I’m fired after the workers’ comp settlement?
Once you get a workers’ compensation settlement, in most instances, such benefit will be unending, irrespective of your employment. Even so, if you happen to be terminated nervously within a short span after your settlement, it may converse incitement inquiries. You may consider seeking legal advice as to the circumstances around your termination.
What constitutes wrongful termination in workers compensation cases?
Wrongful termination may include dismissal for submitting a workers’ compensation claim, seeking medical treatment for a work-related injury, or exercising worker’s compensation rights. Retaliation against someone who filed a workers’ comp claim is unlawful and could amount to a wrongful termination lawsuit.
Taking Control of Your Future: The Support You Need When It Matters Most
People dealing with workers’ compensation claims while still trying to hold onto their jobs deal with overwhelming situations on a daily basis; but keep the following in mind: you are not alone. There is a law that protects your rights in such a situation, and whatever benefits you would have afforded to your job are still there for you even if you have no job. Whether you’re having a hard time dealing with this workers’ compensation claim or are just looking to gain clarity over your rights, good legal counsel is everything.
The law office of Joseph Pluta is committed to the representation of workers like you, ensuring that you receive your full benefits and assurances. Don’t let the uncertainty about your future keep you sleepless-Makes that free appointment now; that is the start to sanity. Our lawyers are here to listen to you, answer your queries, and provide solid legal assistance in pursuance of your interests and your future.
