Workers’ comp works differently from ordinary insurance. It’s a no-fault system required by state law, where an injured employee gets guaranteed benefits regardless of who caused the accident. Workers can receive benefits without having to prove fault in exchange for giving up the right to sue their employer over the injury.
An employee may be eligible to receive workers’ compensation benefits after an event resulting in injury or illness on the job. Filing a workers’ compensation claim can be difficult. Aside from the physical injury and financial hardship, the employee can experience fear and uncertainty about job security. This reluctance stems from worries about being retaliated against or being fired.
Termination cannot be prevented by workers’ compensation laws. If a person is terminated, it depends on the facts and the laws of employment in a given state. A retaliatory discharge cannot usually be used to undermine an employee’s workers’ compensation claim, but it is not an automatic protection against termination of employment.
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Workers’ Comp Provides a Safety Net, Not Job Protection
Workers’ compensation exists to cover medical costs and lost wages after a workplace injury, not to shield an employee’s job from every possible employment decision.
State laws affect the coverage of workers’ compensation. In Louisiana, injured employees can consult a Lake Charles workers’ compensation lawyer to clarify their entitlements. The lawyer will explain to their clients how to maximize their claim to adequately cover medical expenses, lost wages, permanent disability compensation, and job training.
An employer can, in many circumstances, still terminate a worker who is receiving these benefits, provided the termination isn’t specifically retaliation for filing the claim.
What Makes a Termination Illegal Versus Legal
A claim involving wrongful termination looks at the motive behind the employee’s termination. When an employer dismisses an employee for filing a workers’ compensation claim, this action constitutes unlawful retaliation.
If the discharge is based on a proper ground, then the action is deemed lawful and is excluded from an illegal dismissal claim. Valid grounds for termination may include layoffs, poor performance that predates the injury, or a restructuring that eliminates the employee’s position. The difficulty with proving such cases is that the employer seldom states the motive for doing so.
Warning Signs of a Retaliatory Termination
There are certain warning signs that indicate an employer’s motives. This may include termination shortly after filing a claim, an abrupt negative performance review despite no prior complaints, replacement by an employee who has not filed a workers’ compensation claim, or threats to withdraw the claim before or after termination. None of the aforementioned circumstances prove retaliation, but it is possible to build a case around them.
What to Do If You’re Fired While on Workers’ Comp
The need to document every step arises the minute a termination occurs while the claim is pending. You may need to document the accident chronology, the claim filing, any reviews done before and after the injury, and the rationale for the termination.
Your Workers’ Comp Claim Continues Regardless of Employment Status
In most cases, regardless of whether termination from employment was legal or illegal, losing one’s job will not necessarily bring the workers’ compensation claim to a stop. The medical benefits and wage benefits associated with the injury do not depend on the employment status of the individual. These remain valid since the claim itself depends on the injury and not the employment.
When It Might Be Time to Reassess Your Legal Representation
If you have a workers’ comp claim and you are dealing with a termination, it is really helpful to have an attorney that you trust. If you feel that your attorney is unresponsive or not especially focused on helping you deal with the potential retaliation to the underlying claim of your workers’ comp case, that should also be another reason to hire a new attorney.
Unfortunately, not all workers’ compensation lawyers are skilled enough to provide expert legal assistance. In these cases, some employees may ask, “Can I fire my workers’ comp attorney?” Injured workers usually have the right to change legal representation at any point in their case. Doing so usually prolongs case resolution while a new attorney learns the details.
Protecting Both the Claim and the Job
Getting fired while an individual is on workers’ compensation does not always indicate something illegal, but it also does not necessarily mean there is no case if retaliation seems involved. Knowing how to differentiate the two and document the entire event from the beginning will put the person in the best position possible.
