Is It Legal to Get Fired from Work While on Workers’ Compensation?
You deserve to receive workers’ compensation if you sustain work-related injuries or ailments. However, some employers want to avoid financial responsibilities, so they fire workers who claim these benefits.
Now, you may wonder if it’s legal to terminate you while you receive compensation?
The answer is quite complicated because an employer can indeed fire you in this situation. However, they should satisfy some rules to make the termination legal under California law.
This article will help you determine if your employer had legally terminated you or not. You can also contact a workers’ compensation attorney in Burbank for advice.
Your Employment Rights after Sustaining an Injury
First, understand that workers are entitled to employment rights after sustaining injuries, like:
- You can claim workers’ comp if you sustain injuries while on duty. It covers medical expenses as well as lost wages and income opportunities. You can also claim vocational or retraining assistance if you need to transfer to a different job position that suits your condition.
- Your physician may allow you to return to work while recovering from a temporary partial disability.
- Under the Americans with Disabilities Act (ADA), your employer should adjust your workplace and workload to avoid compromising your recovery. For example, they may decrease your working hours to help you get adequate rest each day. They may also install ramps to help you function while in a wheelchair.
- The ADA also excuses you from work if your employer cannot make adjustments to accommodate your situation. You must also receive a significant part of your salary through this period.
- You may also get a 12-week unpaid leave under the Family and Medical Leave Act (FMLA).
As you can see, you have the right to remain employed after sustaining an injury, and your employer must make adjustments for your situation. You can take legal action if your employer unreasonably terminates you.
Illegal Termination of Disabled Employees
Your employer’s termination is illegal if it is for any of the following situations:
- You sustain injuries, and your employer fires you without any valid reason.
- You file a compensation claim, and your employer retaliates by terminating you.
- Your employer fires you because they don’t want to adjust the workplace and your workload to accommodate your disability.
In this case, you can sue your employer for illegally firing you, which can lead to the following consequences
- Pay for your lost wages and income opportunities
- Reimburse your medical expenses
- Pay penalty charges
- Face a business suspension and closure order
Moreover, your employer still needs to pay your workers’ comp even after your termination, until you fully recover from your work-related injuries.
It’s thus better to hire a workers’ compensation attorney in Burbank and file a case if your employer doesn’t pay your compensation.
Legal Termination of Employees
The law also protects employers’ rights in particular cases. They can terminate employees for valid reasons like:
- Work misconduct
- Poor job performance
- Company financial crisis
You can’t sue your employer for legally terminating you or for firing you because of work misconduct.
However, some employers use valid termination grounds as excuses to avoid their financial responsibilities to the employees.
For example, they may bring up an old and resolved misconduct issue to justify your termination.
You need to immediately consult a professional lawyer if you find yourself in that complex situation.
Hire a Burbank Workers’ Compensation Lawyer to Protect Your Employment Rights
Job termination is complicated, especially if it involves workers’ comp claims. It could be challenging to determine if your employer has legally terminated you if they hide their true intentions.
However, you need to protect your employment rights after sustaining work-related injuries.
Hiring a workers’ compensation attorney in Burbank helps you deal with illegal termination and get the compensation you deserve.