February 16, 2021 | Workers' compensation

Have you been injured at work? Your injury may put you out of commission for a while as you recover. You may already be asking questions like, ‘What will happen to my job?’, ‘How will I provide for myself and my family while I recover?’, ‘Will I be able to return to work?’ or ‘Will I lose my job because of my injury?’

Employers are required by law to provide a safe work environment for their employees. However, this doesn’t mean that employees don’t get injured at work. Many employees at construction sites, warehouses and even at desk jobs still get injured while on the job every year. The good news is that there are laws designed to protect employees who get injured at work.

Workers’ compensation

Workers’ compensation laws are designed to assure employees of financial protection in the event that they are injured while on the job. Employees are entitled to several benefits under workers’ compensation laws including medical benefits, missed wages and much more. These laws are aimed at reducing the financial burden on injured employees and their dependents. All employees are eligible for workers’ compensation as soon as they start their employment.

It is therefore important to report your injury as soon as possible. Be sure to schedule an appointment with a doctor to have a medical record of your injuries or symptoms. You should also speak to a workers’ compensation attorney. A professional and experienced attorney will fight to get you fair benefits for your injuries.

Will filing a workers’ compensation claim get me fired?

Many employees are concerned that if they file a workers’ compensation claim, their employer will retaliate. It is true that some employers will try to intimidate their employees to avoid paying workers’ compensation. They may resort to mistreating their employees or terminating their employment.

Many employers, however, understand the implications of retaliation. They know that this could lead to even greater financial exposure. Improper termination, for example, can result in prolonged payments of workers’ compensation benefits. It could also open the door to lawsuits as well as punitive damages.

Many employers therefore do not retaliate when an employee exercises their rights by filing for workers’ compensation. However, if you find that your employer has retaliated, you can take action by hiring a workers’ compensation lawyer to protect you rights.

Can you be laid off while on workers’ compensation benefits?

If you’ve successfully applied for workers compensation but are still recuperating from your injuries in hospital or at home, you may be concerned about being replaced or laid off as a result of missing work for too long. While laws vary from one state to another, in general employers can terminate the employment relationship at any time except for reasons such as religion, retaliation, age, race or discrimination. Depending on the size of the organization you work for, you may be protected by the Family and Medical Leave Act (FMLA). This gives some employees with a maximum of 12 weeks of unpaid job protected leave every year. The act also has a requirement that your employee health benefits remain as they were during the entire leave period.

The law, however, recognizes businesses’ need to continue with their day to day operations. Your employer may therefore fill the position with a qualified individual to ensure it remains productive. There is therefore no guarantee that you will get your job back following a workplace injury. Workers that are members of unions have more rights. You should consult your union representative to find out more.

Employers also have the right to include injured workers in layoffs as well as rounds of systematic downsizing. The fact that you were injured on the job doesn’t provide you with an extra layer of protection.

What if I am laid off because of my injury’s restrictions?

If you’ve been injured and have not recovered fully, you may return to work if your doctor clears you to. However, it is important to follow your doctors’ recommendations in order to fully recover from your injury and avoid complications.

It is important to note that returning to work with restrictions doesn’t exempt you from being laid off. You will be treated like any other worker in the organization. However, if you are laid off through no fault of your own, you may be entitled to lost wages benefits upon termination.

Your employer also has the right to place you in a different position to match your restrictions. However, it is important to remember that your new position may pay less than the position you held prior to your injury. Your workers’ compensation benefits will make up for the difference.

If you have been injured while on the job, hiring a workers’ compensation attorney will protect your right to fair workers’ compensation benefits. Your lawyer can also fight to protect you from retaliation by your employer or from losing your job. Talk to a workers’ compensation attorney as soon as possible to know your rights.

Workers Compensation – work injury