Have you recently been injured at work and are now on workers’ compensation? Are you worried about losing your job while on leave? Many employees who suffer workplace injuries face similar concerns. They think that they can be fired while on workers’ compensation. But is it true? Can an employer legally terminate an employee while they are on workers’ compensation?
The short answer is no, an employer cannot fire an employee solely because they are on workers’ compensation. However, there are certain circumstances where the termination of employment while on workers’ compensation may be legal.
Yes, and today we will discuss some of these circumstances. After reading this article, you will have a better understanding of your rights as an employee who is on workers’ compensation.
What is Workers’ Compensation?
First, let’s define what workers’ compensation is and why it exists. Workers’ compensation is a type of insurance that helps cover wages and medical expenses for employees who get injured or sick because of their job.
This insurance is provided by the employer and is a legal requirement in most countries. The purpose of workers’ compensation is to protect employees and their families from financial ruin in the event of a work-related injury or illness.
Termination of Employment While on Workers’ Compensation
As mentioned above, an employer cannot fire an employee solely because they are on workers’ compensation. This is considered a form of discrimination and can result in legal action being taken against the employer.
Violation of Company Policy
One circumstance where an employee on workers’ compensation may be terminated is if they violate company policy. This could include misconduct or breaking rules that are outlined in the employee handbook.
However, even in these cases, the termination cannot be solely based on the employee being on workers’ compensation. The employer must have documented proof that the employee’s termination was a result of their actions and not because they were on workers’ compensation.
Failure to Meet Job Requirements
The next instance in which an employee on workers’ compensation may be terminated is if they are unable to meet the job requirements due to their injury or illness. In this case, the employer must provide reasonable accommodations for the employee to perform their job duties. This could include modifying their job duties, providing a different work schedule or setting, or allowing them to work from home.
If the employee is unable to perform their job duties even with reasonable accommodations, then termination may be considered. However, this decision must be made carefully and in compliance with state and federal laws to avoid any potential discrimination or legal issues.
Communicating with Employees
Communication is key when it comes to handling employee disabilities in the workplace. Employers should have an open and honest dialogue with employees about their disability and any accommodations that may be needed.
Not only helps ensure that the employee’s needs are being met, but it also fosters a positive and inclusive work environment. Effective communication can also aid in preventing misunderstandings or conflicts related to an employee’s disability.
Returning to Work After Workers’ Compensation
Employees who have been on workers’ compensation due to a disability may face unique challenges when returning to work. Employers should ensure that they are aware of any restrictions or accommodations that the employee may require upon their return.
This could include modifying their duties or providing them with additional support during the transition period. Employers should also be prepared to provide necessary training or resources to help the employee readjust to their role.
Bottom Line
In most cases, an employee cannot be fired while on workers’ compensation. However, there may be certain circumstances where an employer is permitted to terminate an employee who is on workers’ compensation.
Both employees and employers need to understand their rights and responsibilities in these situations. If you are an employee on workers’ compensation and believe your termination was unlawful, it is important to seek legal advice.
Frequently Asked Questions
Is it legal for my employer to fire me if I’m injured at work?
No, your employer cannot legally fire you solely because you have been injured on the job and are now receiving workers’ compensation benefits.
What if my employer claims they are terminating me for other reasons?
If your employer claims that your termination is unrelated to your injury and workers’ compensation, it is important to seek legal advice. An attorney can help you determine if the reasons given by your employer are valid or if they are using your injury as an excuse for termination. They can also advise you on your rights and options for potential legal action.
Is my employer allowed to retaliate if I file a workers’ compensation claim?
No, Employers are prohibited by law from retaliating against employees who file workers’ compensation claims. This includes termination, demotion, or any other adverse actions taken by the employer. If you believe your employer is retaliating against you, you should contact an employment lawyer for assistance.