Can You Get Fired By Law While On Workers Compensation

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( — October 3, 2019) — October 3, 2019) – If you ever think that the employer might fire you just because you are on the workers’ compensation claim, then you better think twice about it. However, the employer can always fire you while you have any open workers compensation claim.

One of the major reasons for people avoiding filing claims for the worker’s compensation is because they fear of losing jobs. There are times when instead of filing under the workers’ compensation, employees might use health insurance for doctor visits. In case they actually need time off the work, then use any sicker days or short term disability time they might have. They are either going to bill the employer’s workers compensation based insurance provider or just refuse services to you if they do not want to take the comp claims of the workers.

Few options are left:

If you check out the points associated with Brooklyn workers compensation as mentioned before, it will leave you with just a few options to file a workers’ comp claim. But, there is one point that you might need to worry. Do you think the employer can fire the employees for filing the workers’ compensation claim? The answer is towards the negative side. The employer won’t be able to fire you just because of the compensation claim. But the employer has the right to fire you if you have that open comp claim. For that, the employer needs to show some reasons for firing you and can’t just do that like that.

Understanding the employment you are in:

Most of the employees will have that “at-will” employment, where the employers get the chance to terminate employees for any reason or for no reason at all. At the same time, employees might resign from jobs for any or no reason. If you failed to now the employment situation, you are likely “at-will” employee.

  • If you are one such “at will” employee, then the employer might terminate your employment depending on previous poor performance. They might do so because of layoffs due to some financial issues, restructuring of the company or any other legal reasons. But, if you have filed for the comp claim, it will give the employer a motive to just let you go.
  • Most of the employees may not come straight out and tell employee on workers’ compensation that the claim is the real reason for their termination. An employer cannot just terminate a worker’s employment as retaliation for filing a claim. It is mandatory for employers to know that they can before filing a lawsuit for retaliatory or discrimination termination.

Contracted the employees:

If you are a contract employee, then your rights will be somewhat different. The employer cannot terminate you as retaliation for workers comp claim. Similarly, the contract must list specified reasons that the employer might use for terminating the contract. The frequent clause in this contract is the provision that will allow the employer to just terminate the worker if the latter fails to work for a certain time period, like six months. Know the possible points in details.