An injured worker never expects to be fired from the job on getting workers’ compensation. Some employers do this when injured workers seek workers’ compensation benefits which are against the law. However, this also happens due to other reasons like unforeseen economic downturns and budget cuts, which means you cannot get the workers’ compensation benefits now.
Now the question is how you can receive your checks if fired from your job? This situation becomes complicated. That is why talking to an experienced lawyer is an important step.
What Happens After Losing Job?
The injured employee continues receiving the benefits after being fired from the job. The worker got injured while at the job and was approved for taking benefits when he or she had a job. However, if the cause of firing an injured employee from the job is disciplinary issues, then they may lose the workers’ compensation benefits.
Another reason can be if the doctor determines that the worker is completely recovered before being fired. Even if not fired the benefits anyway would likely stop. If the employer fil for bankruptcy or going out of business, then layoff may coincide with the company.
But this should not affect the workers’ compensation benefits as they are being paid by the workers’ compensation insurance company of the former employer. You may no longer get the benefits if the insurance company faces financial troubles.
There are some exceptions as well. Many employers do hire on an at-will basis which means they can fir employers for no reason at all. The company can simply eliminate and restructure the position of the worker and there is nothing he or she can do about it at all.
If the worker is under contract, the contact mention acceptable reasons for firing a worker. If the company fires you for reason not mentioned in the contract, then you can claim for breaching the contract.
Unfortunately, the company does not have to hold the job open for you while you are injured. If your job position is essential for the company to function and the employer needs to hire someone else, then they have the right to replace you. Thus, by the time you are physically fit to do the job, you might be replaced by someone else.
Termination Upon Filing Workers Compensation Claim
Firing an injured worker simply because he or she filed for a workers’ compensation claim is illegal. The employers must have a justifiable reason to terminate a worker. If you think that you are terminated solely for claiming workers’ compensation benefits you may have there are workers’ compensation laws to help you. Moreover, you can also civil claim upon wrongful termination against the former employer.
Explore Your Legal Options
If you were denied a workers’ compensation claim upon getting injured at work, then you are eligible to file for appeal at court with the help of a qualified workers’ comp Modesto lawyer. They can review the situation of your case in detail and can guide you the best.