Can You Get Fired While On Workers Comp

While you can be fired while on workers compensation employees who are covered by the family medical leave act of 1993 receive up to 12 weeks of unpaid job protected leave.

Can you get fired while on workers comp.

You cannot get fired for getting injured when it wasn t your fault receiving workers compensation or applying for 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. 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.

However that doesn t mean that you can t be fired while you have an open workers compensation file. For example if you are on worker s compensation for a few. An experienced workers compensation attorney can help you in handling a termination while on workers compensation leave. You will be fired for any of the typical reasons people are let go from companies.

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. The protections from the family medical leave act fmla often are applied at the same time as ny workers compensation benefits.