Can I be fired while on Workers’ Compensation?

Oct 17, 2024 | Employment Concerns

Can I be fired while on Workers’ Compensation? – You can be fired after a work injury, but there are a lot of limitations depending on why your employer wants to fire you.

I can no longer do my job

Just like if you would want to leave your job if your boss doesn’t pay you. At some point, if you can’t do your job, your employer will have to replace you, but they have to wait before doing so.

The time they have to wait before replacing you depends on the size of your employer, and how long you’ve worked there, and there’s a federal law called the Family Medical Leave Act. This Act requires your employer to hold your job for 12 weeks for you to get better.

If you’re not subject to that act, you haven’t worked there for a year, or they don’t have enough employees, they can let you go sooner than that simply because you can’t do the job. Even if it’s due to a Workers’ Compensation injury.

I have restrictions

Furthermore, if you have temporary or permanent work restrictions, your employer can’t fire you if you’re still able to do the essential functions of your job. However, there’s another available job that you’re qualified to do with or without reasonable accommodation, too.

The law is pretty complicated and specific with those terms, that’s why it’s important to consult an attorney.

I requested Workers’ Compensation benefits

It’s unlawful for an employer to fire an employee simply for asking for Workers’ Compensation benefits. Therefore, if they do it and you’re going to sue them, you will have to prove that that was the motivating reason, and that can be difficult, but it can be proved.

They might be firing you because of work performance issues, but that might not be the real reason, it might just be a pretext. The real reason might be that you sought Workers’ Compensation benefits.

To show that what they’re saying is a pretext you have to prove either the accusations are false and there are no issues with your performance. Or that your employer knows you or other employees did the same thing, but only you are getting fired.

Being fired because of the injury

If, for example, you were reckless or drunk and that’s why you got injured, then they probably can fire you. This is as long as they have fired other employers for similar violations.

What are my options and benefits?

Let’s say you’ve been fired and you have an open Workers’ Compensation claim. There are lot of laws that give you options and benefits.

However, if you aren’t responsible for losing your job you might be entitled to ongoing wage loss benefits under Workers’ Compensation. On the contrary, you would be entitled to unemployment benefits. You could also have rights under the Colorado or Federal Medical Leave Acts, or protection for disability acts.

You need to consult with a lawyer. As long as you have an open case, you’re treating for your work injury and you still have restrictions, you’re entitled to lost wages. The insurance carrier can refuse to pay lost wages claiming you were responsible for the loss of your job. Then a lawyer will fight those accusations to get you the benefits you deserve.