Getting injured at work is a stressful situation. Piling up medical bills, recovering from injuries, taking time off work, and getting fired can put you under more stress than you can endure.
It is a difficult situation, but it happens more commonly than one may think. Getting laid off after an injury at work shows the worst of your employers, but you don’t have to worry about much, as there are many ways you can seek help and get compensated for your damages.
Here is what you can do when you get fired or laid off after an injury at work.
Seek Workers’ Compensation
When you get injured at work, you do have to take some time off to fully recover, and you can not resume work for a while. It means there will be a significant loss of wages, and if you get fired, that loss can be more prevalent.
That is where workers’ compensation comes to your rescue. Many employers have workers’ compensation insurance covering employees’ medical and other expenses when injured at work.
But what if your employer doesn’t have workers’ compensation insurance or refuses to bear your medical expenses? Even though the injuries were caused due to an unsafe working environment or your employer’s negligence.
In that case, you can get in touch with a workers’ compensation law firm to file a lawsuit against your employers to seek workers’ compensation. It is better to report your injuries immediately without wasting time waiting around.
Can you get fired or laid off after a work injury?
A common occurrence after an employee files for workers’ compensation is they often get fired as a form of retaliation from the employer. This can put employers in more legal trouble than they are already in, and they end up paying more for the damages.
An employer who fires an employee after a work injury or workers’ compensation claim will be inviting more legal trouble and a civil lawsuit. This will lead to prolonged workers’ compensation payments. In most states, an employer can not fire an employee if they are seeking workers’ compensation. For a better understanding, consider talking to a workers’ compensation attorney to make the best out of your situation.
What happens to your benefits after getting fired?
Now things get more tricky, as getting fired raises an important question about your benefits.
Will you still receive workers’ compensation benefits after getting fired or laid off?
The answer is yes, but it is more complex than one may think. While receiving workers’ compensation benefits, if you get fired or laid off, you will continue to receive your benefits for wage loss and medical expenses.
Suppose you find yourself partially or fully recovered and return to work with restriction after release documentation from your doctor. In that case, the employer might accept you to continue working or reject your request. In that case, you will continue to receive workers’ compensation benefits.
But, if you recover with release documents from your doctor and the employer also accepts your return, you decide not to. In that case, you will no longer receive any workers’ compensation insurance benefits.
What are your legal rights after losing your job?
Even if you lose your job, you do not lose your legal rights. Many laws protect employees in situations like this. You are protected under the workers’ compensation act. An experienced attorney can help in many ways.
An employee is liable for workers’ compensation when they are injured due to a work-related accident, as they are faced with many different kinds of expenses and loss of wages. If your employer rejects your request and fires you for the same, you can go for a wrongful termination lawsuit along with a workers’ compensation claim.
Conclusion
Recovering from a work-related injury can be a long road. You are burdened with huge medical bills, loss of pay, and some cases decrease in quality of life. This sort of situation may seem depressing, frustrating, and stressful, but there is a lot that you can do to maintain your livelihood. Getting fired after a work-related injury or seeking workers’ compensation can make the situation even more stressful. The injuries might make you seem unfit to pursue further potential employment opportunities. So if you are in a similar situation, immediately contact a workers’ compensation attorney. Most likely, your case will go to a hearing, and the law will be on your side if you are truthful about your circumstances.
