Can A Person Be Fired While On Workers Comp

The good news is no you do not lose your benefits if you are fired.

Can a person be fired while on workers comp.

Resigning from your current job while still on worker s compensation can have both negative and positive consequences. Your employer cannot fire you or retaliate because you ve filed workers comp. Whether or not a person can be fired for filing workers compensation benefits can be confusing to understand in large part because many workers believe that because they are at will employees they can be terminated at any time and for any reason. The answer is not as simple as yes or no.

However that doesn t mean that you can t be fired while you have an open workers compensation file. Your workers compensation benefits do not end whether your employer has fired you or laid you off. To find out more about what the law says keep reading. The short answer is no your employer cannot fire you merely because of your workers compensation claim.

Sometimes employers are forced to let disabled employees go because they simply can t wait for the injured person to get better and return to work. The law requires that you continue to receive wage loss payments and medical benefits through your former employers insurance company. An experienced workers compensation attorney can help you in handling a termination while on workers compensation leave. Workers compensation should not end if you are fired regardless of the reason why you were fired.

You will continue to receive benefits until you have recovered or reached maximum medical improvement. However your employer can fire you while you have an open workers compensation claim. You might lose some of the benefits you are entitled to if you leave your. Can your boss fire you for filing a workers comp claim.

While you cannot be terminated simply because of a worker s compensation claim it is possible to be terminated while you have an open worker s compensation claim.