I Got Terminated While on Workers Compensation: Is It Legal?

It’s not unheard of for disabled employees to get terminated while on workers’ compensation. But is it legal? The short answer is yes, it can be. But it’s not as straightforward as it sounds.

Your employer cannot fire you for filing a workers’ compensation claim. But they can terminate you for any other reason allowed by law, even while you’re receiving workers’ compensation. There’s usually a fine line separating these two, which some employers use to their advantage.

Remember that our laws give equal protection to the employer and the employee. Employers can fire their workers for any reason they deem fit. Similarly, employees can leave their jobs for whatever reason. But both must do so without infringing on the rights of the other.

WHAT IS CONSIDERED ILLEGAL TERMINATION?

If you are on temporary disability, your doctor usually allows you to return to work even if you haven’t fully recovered. Provided, however, that you don’t do anything that might jeopardize your recovery. This is referred to as “returning to work with restrictions.”

According to the American Disabilities Act, employers with 15 or more employees should make reasonable efforts to accommodate their disabled worker’s restrictions. They need to make workplace adjustments to allow them to do their job to the same extent as their abled coworkers.

For example, they can reduce your weekly work hours from 40 to 20. Or install wheelchair ramps so you can pass through stairs without needing assistance.

If your employer fired you for incompetence without reasonable accommodation, that is considered illegal termination.

Certain employees are also entitled to a 12-week job-protected leave under the  Family and Medical Leave Act (FMLA). If you qualify for FMLA but still get terminated, you can file for reinstatement or claim damages from your employer.

Some employers also fire employees to avoid paying workers compensation. But it’s important to note that your workers’ compensation benefits should continue even if you are terminated. Your termination will not affect your benefits unless you’re fired for grave misconduct.

If your employer fired you and withheld your workers’ compensation, you can file legal actions against them.

CONSEQUENCES OF ILLEGAL TERMINATION

Wrongful termination of an employee can leave the business open to legal action, regardless of whether said employee is receiving workers’ compensation.

Among the legal consequences businesses can face are:

• payment for lost wages as ordered by the court
• statutory fines and penalties
• reimbursement of expenses

In some extreme cases, the court may also order the closure of the business.

WHAT HAPPENS IF I GET FIRED WHILE ON WORKERS’ COMP?

If you are fired while on workers’ compensation, it can have various consequences. Here’s what typically happens:

• Getting fired while on workers’ comp typically leads to the termination of wage replacement and medical benefits.
• Being fired while on workers’ compensation doesn’t automatically remove your entitlement to benefits.
• Wrongfully terminated employees may be allowed to pursue legal action against their employer.
• Employers must provide valid reasons for termination unrelated to the workers’ compensation claim.
• While job protection exists for workers on comp, termination can still happen for reasons unrelated to the claim.