If you are injured at work, you may be entitled to workers’ compensation benefits. This can be a great relief for those who are unable to work due to their injury. However, many people worry that they will be fired if they take time off to recover from their injury. In this blog post, we will explore the legal aspects of workers’ compensation and what to do if your employer tries to fire you during your disability leave.
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What should I know about workers’ compensation?
There are two main types of workers’ compensation benefits: medical benefits and wage replacement benefits. Medical benefits cover the cost of your medical treatment, including hospitalization, surgery, and prescription drugs. Wage replacement benefits provide you with a percentage of your lost wages while you are unable to work.
In most cases, your employer is required to provide you with workers’ compensation benefits if you are injured at work. However, there are some exceptions. For example, if your injury was caused by your own negligence, you may not be eligible for benefits. Additionally, if you were intoxicated at the time of your accident, you may also be ineligible for benefits.
If you are eligible for workers’ compensation benefits, your employer cannot fire you for taking time off to recover from your injury. However, if you are unable to return to work after your recovery, your employer may terminate your employment. Nevertheless, it might be questionable if your insurance company has provided you with sufficient coverage for your injuries, as you are entitled to full recovery.
What should I do if my employer tries to fire me while I’m on workers’ compensation?
If you believe that your employer is trying to fire you because you are on workers’ compensation, you should contact an experienced employment law attorney. An attorney can help you understand your rights and options under the law. Additionally, an attorney can help you file a claim with the Workers’ Compensation Board if necessary.
On what grounds can my employer fire me?
There are a few grounds on which your employer can fire you while you are on workers’ compensation. For example, if you are unable to return to work after your recovery, your employer may terminate your employment. Additionally, if you violate the terms of your workers’ compensation agreement, such as by working while you are still injured, your employer may also fire you.
If my employer terminated me without a reason, what should I do?
If you believe that your employer wrongfully terminated you, you should contact an experienced employment law attorney. An attorney can review the circumstances of your case and help you understand your rights and options under the law. Additionally, an attorney can help you file a claim with the Workers’ Compensation Board if necessary.
Can I go to court to get my job back?
If you were wrongfully fired, you may be able to file a lawsuit against your employer. However, it is important to note that workers’ compensation cases can be complex and challenging to win. Therefore, it is important to speak with an experienced employment law attorney before taking any legal action.
No one should have to worry about losing their job while they are injured and unable to work. If you have any questions about your rights under workers’ compensation, contact an experienced employment law attorney today.
This blog post was provided for informational purposes only and is not intended to be legal advice. You should always consult with an attorney if you have questions about your specific situation.
