If you’re injured on the job, can your employer terminate your position? Or are you protected until your workers’ comp ends? The answer is a bit of both. Here’s what you need to know.
What Your Employer Can Fire You For
Your employer can terminate you for nearly any reason while you are on workers’ compensation. If, for example, your work performance was poor just prior to your injury or you were frequently late to work, your employer may use this as a basis to fire you.
You are not automatically protected from being fired once you go on workers’ comp. As long as your employer isn’t violating any laws, you can be let go after you’re injured on the job.
What Your Employer Cannot Fire You For
Your employer may not terminate your position simply because you applied for or were approved for workers’ compensation. This is considered retaliatory termination and may be subject to legal action if you have sufficient evidence to support your claim.
Your employer also cannot fire you if you become disabled, provided that reasonable accommodation can be made. This violates the Americans with Disabilities Act and is a prime example of disability discrimination in the workplace.
Your employer can, however, fire you if your injury makes you completely unable to do your job. Or, they may fire you for some random reason. Even though you were really fired due to your injury, it can’t be proven.
What Happens to Workers’ Comp Benefits After You’re Fired?
If you’re fired from your job while receiving workers’ compensation benefits, they should continue until you reach what is known as “maximum medical improvement,” or the threshold where you are not expected to improve further. Both your medical benefits and income replacement should not be affected.
Injured on the Job? Get Help from an Experienced Workers’ Compensation Lawyer
If you were injured on the job, you may be eligible to receive workers’ comp. These benefits can cover your medical care related to the injury as well as replace a portion of your lost income while you recover. This can help provide for your family while you’re unable to work and make the healing process as easy as possible.
Get Help Today
Contact a seasoned Florida workers’ comp attorney to discuss applying for benefits or appealing a denial. Without workers’ compensation, you could be facing financial difficulties after an injury. Call Marshall Adler today for a consultation at 407-648-5523.