Filing a workers’ compensation claim is meant to provide security and support while you recover from a workplace injury. But for many employees, a new fear arises after they submit their claim: can you get fired while receiving workers’ comp benefits? It’s a valid concern, especially when you’re also handling delay in compensation, and the answer isn’t always straightforward.
Yes, You Can Be Fired – But Not for Filing a Claim
Workers’ compensation doesn’t grant absolute job protection, but it does offer legal safeguards against retaliation.
In most states, employers are allowed to terminate workers while they’re out on workers’ comp – but only for legitimate, unrelated reasons. For example, if a company is laying off part of the workforce due to budget cuts or eliminating a specific department, your job could be affected just like anyone else’s. What employers cannot do is fire you simply because you filed a claim.
Retaliating against an employee for exercising their legal right to workers’ compensation is illegal. If you suspect your employer fired you as punishment for submitting a claim, you may have a strong case for wrongful termination – and that’s where a good workers’ compensation lawyer comes in.
What Counts as Retaliation
Understanding the signs of unlawful retaliation can help you take action quickly.
Retaliation isn’t always obvious. Sometimes, it’s disguised as performance-based termination or part of a larger restructuring. However, if your firing closely follows your injury report or claim filing, it might not be a coincidence. Other red flags include a sudden drop in performance reviews, exclusion from projects, or being replaced without explanation.
Fun fact: Studies show that fear of retaliation is one of the main reasons injured workers don’t file claims – even though they are legally entitled to benefits.
Your Rights While on Workers’ Compensation
While you recover, your job security depends on your employer’s policies, the nature of your work, and the laws in your state.
In some states, employers are required to hold your position or offer you a similar role once you’re medically cleared to return to work. In others, job protection is not guaranteed but you may still qualify for leave under the Family and Medical Leave Act (FMLA) if your company meets certain size requirements and you’ve worked there long enough.
Even if you are terminated, you may still continue receiving workers’ comp benefits, such as medical treatment and wage replacement, as long as your claim remains valid. A workers’ compensation lawyer can help ensure your benefits are not wrongfully cut off.
The Role of a Workers’ Compensation Lawyer
When your job is on the line, having expert legal guidance can make a huge difference.
A skilled workers’ compensation lawyer can evaluate your case and determine whether your firing was legal or retaliatory. They can gather evidence, speak with witnesses, and ensure your rights are protected every step of the way. If your employer violated the law, your lawyer can help you seek compensation or even get your job reinstated.
And here’s something that surprises many people: consulting a workers’ compensation attorney is often free upfront. Many operate on a contingency fee, meaning they only get paid if you win your case. That makes access to legal help much more attainable for injured workers. You can also view their office location directly on the map to plan your visit more easily:
What to Do If You’re Fired While on Workers’ Comp
Don’t panic, respond with a clear plan and professional support.
If you’re terminated while receiving workers’ comp benefits, take the following steps:
- Request a written explanationof the reason for your termination. This helps clarify whether the firing was performance-based or suspiciously timed.
- Keep all communication and documentationrelated to your injury, claim, and job performance. These records could be critical in a legal challenge.
- Contact a workers’ compensation lawyeras soon as possible. They can guide you on what actions to take next and determine if your employer violated the law.
Final Thoughts: You Have Rights
Getting injured on the job is tough enough, you shouldn’t have to worry about losing your job too. While being fired during workers’ comp is legally possible, it cannot be used as a tool of retaliation or discrimination.
With the help of a trusted workers’ compensation lawyer, you can stand up for your rights, protect your benefits, and hold your employer accountable if they cross the line. Injured workers deserve recovery, not retaliation. Knowledge is power, and so is the right legal support.
