Can A Person Be Fired While On Workers Comp

Your employer cannot fire you on the basis of your claim alone but you can still be fired while you have a workers compensation claim underway or are receiving workers compensation payments if it is for a legitimate reason.

Can a person be fired while on workers comp. But of course the situation is a little more complex. That means that your employer can t fire you simply because you filed a claim. The answer is not as simple as yes or no. If your position is being eliminated for reasons unrelated to your job related injury and your decision to file for benefits then you can be fired while you are out on workers compensation.

Of course your employer may not be firing you in retaliation for filing a claim if your employer is laying off many people it is possible it is not retaliation. If you are fired while you are receiving treatment you should be suspicious that your employer is terminating you because of your workers compensation claim. Most people know that an injured worker cannot be fired simply because he or she files a claim for workers compensation benefits. A common question from clients who have been injured on the job is whether they can be fired while out on worker s compensation leave.

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.