What happens when an injured employee is fired or laid off?
When an injured employee who is currently receiving workers’ comp benefits is fired or laid off, this does not affect their right to continue receiving these benefits. According to the law, you still have every right to these benefits. It does not matter if you are currently employed or not.
Can a company retaliate against an injured employee?
However, this is not the case. There is protection for workers against this kind of retaliation — which we will discuss later. The important thing to know, however, is that employers cannot legally retaliate against employees who exercised their right to claim benefits for an injury they received while working.
Can a company fire an employee for filing a workers’comp claim?
And while terminating an employee who has filed a workers’ compensation claim is not outright prohibited, employers must take great care to avoid a retaliation claim. Employers can defend themselves by showing that the employee who has been absent from work due to workers’ compensation injury is not capable of returning to work.
What are the rights of an employee after a work injury?
The laws in each state provide that you can pursue a workers’ compensation claim without fear of reprisal or harassment from your employer. If your employer makes it difficult for you to freely exercise these rights, the penalties imposed upon the employer can be quite severe.
Can a person be fired for being injured on the job?
If you are fired after you return to work from a work injury and are placed on light duty, you may lose your workers compensation benefits if the employer can show you were fired for “cause” (misconduct, absenteeism, insubordination, tardiness, fighting, and so on).
What happens if you get fired for filing a workers comp claim?
If you were fired as retaliation for filing a workers compensation claim, you may be able to file suit against the employer (Section 65.2-308 of the Code of Virginia). You may recover actual damages plus attorney’s fees in this type of suit, however, this is separate from your workers compensation claim.
What happens if you get fired after returning to work?
Fired After Returning to Work on Work Restrictions. If you are fired after you return to work from a work injury and are placed on light duty, you may lose your workers compensation benefits if the employer can show you were fired for “cause” (misconduct, absenteeism, insubordination, tardiness, fighting, and so on).
Can a employee be laid off after a work injury?
Some legal reasons you can be laid off after a work injury include poor work performance, necessary reductions in size, redundant positions, company mergers, and more. This is because you are still a normal employee even if you are injured, on permanent or temporary disability, at work with accommodations, and more.