A lot of injured employees don’t file for workers’ compensation due to fear of being terminated from work. In Loudon County, Virginia, a worker cannot be fired for seeking worker’s compensation benefits. They have the right to file a workers’ compensation claim. To make sure this right is protected, work with the best Loudon county workers comp lawyer. A great lawyer is aware of the laws that protect workers injured on the job.
Can Your Employer Fire You for Filing Workers’ Compensation?
Under the law, no employer can fire a worker just for their intention to file a workers’ comp claim or fire an employee for testifying for an injured worker. If your boss has fired you and you think that it’s a way to retaliate against you, the law provides you with the right to sue your employer. When you succeed in court, you can get awarded monetary compensation and job reinstatement.
Can Your Boss Fire You While on Workers’ Compensation Time Off?
As you recover from your job-related injuries, you may not be able to report to work for a while or may need to switch to light-duty work. Typically, after filing a claim you can get benefits for a certain period until your doctor permits you to return to your regular job. Unfortunately, your employer can fire you while you still cannot return to work or while you have an ongoing workers’ comp case.
If you are cleared for light-duty work only, your employer decides the suitable position for you. If they do not have light-duty jobs available, they may lay you off. Meanwhile, if they provide you with a light duty and realize that you cannot perform satisfactorily, they could fire you. If your work-related injury requires you not to report to work for a certain period, your employer can hire somebody else to replace you or terminate your position.
But no matter the case, your employer should have a reason to let go of you. For instance, they can say that they cannot accommodate your new work limitations or they have to let go of some employees due to the status of their business.
Protecting Yourself from Being Let Go on Workers’ Compensation
Losing your job while you are recovering from a workplace injury is quite scary. But you have legal options to safeguard your job. One of these is the Family Medical Leave Act which requires employers to hold your job position for twelve weeks. While on workers’ comp, you must apply for FMLA and meet some prerequisites. The Americans with Disabilities Act also protects your job by requiring employers to give reasonable accommodation to workers with disabilities. To understand your legal recourse, consult with an attorney.
