If you’ve been injured at work and are receiving workers’ compensation benefits, one of the biggest questions you may have is: “Can my employer fire me while I’m on workers’ comp?”
The answer can be complicated, and it’s one of the most misunderstood areas of workers’ compensation law.
You Can’t Be Fired Because You Filed a Workers’ Comp Claim
Workers’ compensation laws protect employees from retaliation. That means your employer cannot legally fire you simply because you reported an injury, filed a claim, or are receiving benefits. Terminating someone for that reason is considered retaliation and is against the law.
However, You Can Be Fired While on Workers’ Comp
This is where things get confusing. While retaliation is illegal, employers are still allowed to terminate employees for legitimate business reasons that are unrelated to the injury. Examples include:
- Company-wide layoffs or restructuring
- Documented performance issues that predate the injury
- Misconduct unrelated to the workers’ comp claim
- Inability to accommodate long-term restrictions when no suitable job exists
The key distinction is why the employer is making the decision, not the fact that you’re on workers’ comp.
What About Light Duty or Modified Duty?
If your doctor clears you for light-duty work and your employer offers a suitable position:
- You generally must attempt the light-duty assignment.
- Refusing without good reason can impact your benefits.
If your employer cannot offer modified duty, your wage-loss benefits may continue until you are able to return to work.
If You Are Fired, Do Your Benefits Stop?
Not necessarily.
Your workers’ compensation medical benefits continue regardless of your employment status.
Wage-loss benefits may continue depending on:
- Your medical restrictions
- Your earning capacity
- Whether you were terminated for cause
Every situation is different, and the specific details matter.
What Should You Do If You Believe You Were Wrongfully Terminated?
If you suspect retaliation or are unsure whether the termination was legal, it’s important to speak with an experienced workers’ compensation attorney. Signs of potential retaliation include:
- Sudden termination immediately after filing a claim
- Negative treatment that started only after reporting the injury
- Inconsistent explanations for the termination
Protecting Your Job Starts With Protecting Your Rights
Being injured at work is stressful enough, you shouldn’t have to navigate uncertainty about your employment on top of everything else. At Stark Law Group LLC, we help injured workers understand their rights, protect their benefits, and take action if they’ve been treated unfairly.
If you have questions about job security during a workers’ compensation claim, we’re here to help.