When tending to your work-related injuries or illness, getting fired or laid off would be the last worry in your mind. While workers’ compensation benefits protect people suffering from on-job injuries and illnesses, it doesn’t offer job protection. According to the law, an employer can’t fire a person who has sustained workplace injuries or seeking workers’ compensation. However, the employer can still terminate your employment due to various other reasons.
If you have been laid off from your work and wondering if you will still receive your workers’ compensation benefits, it’s the best time to search for a workers compensation attorney near me.
Without a doubt, situations like this are confusing and can become more complicated if not addressed in time.
In this blog, we will dive deeper into workers’ compensation benefits and employment termination.
What Happens After Being Fired or Laid Off?
If the VWCC awarded you the workers’ compensation benefits during your employment, you would continue receiving the benefits even after being terminated from your job. Since you were injured and your workers’ compensation benefits were awarded during your employment, your termination will not affect your claim.
However, it must be noted that if your employment was terminated due to disciplinary issues, you are likely to lose the benefits. Besides this, if your medical reports suggest that you fully recovered before you were laid off, you will not be entitled to any benefits.
The employer’s insurance company pays off most workers’ compensation benefits. So, if you were laid off while your employer was out of business, you will still continue receiving the benefits. But if your employer’s insurance company is undergoing financial issues, your benefits may get affected.
In the U.S, many workers are hired at will. Employers can fire their employees without any reason. It could be possible that your company got restructured and an entire department got laid off.
Most companies in the U.S have an employment contracts. The contract states acceptable reasons for the termination of employment. If your employment was dissolved for a reason other than those mentioned in the agreement, you could file a case for breach of contract.
If your position and job are crucial for the company’s functioning and your injury is preventing you from fulfilling your work commitment, your employer might have no other option but to let you go. Thus, you should seek help from the best personal injury law firms to tackle such situations.
Can one get terminated for filing a workers’ compensation claim?
No employer can fire you or terminate your employment simply because you have filed a workers’ compensation claim. Your employer should have a rational reason to release you. You should look for the best personal injury law firms if you think you were fired because you filed a workers’ compensation claim. In such a scenario, you will be entitled to additional remedies. You may also choose to file a civil case against your former employer.