Can A Person Be Fired While On Workers Comp

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. 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.

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But of course the situation is a little more complex.

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. 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. 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. However that doesn t mean that you can t be fired while you have an open workers compensation file.

That means that your employer can t fire you simply because you filed a claim. 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. 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. Most people know that an injured worker cannot be fired simply because he or she files a claim for workers compensation benefits.

There is an old case from the nevada supreme court that allows an injured worker to sue his employer for money if he can prove that the employer fired him for filing a workers compensation claim.