According to federal and state employment laws, your company does not have
to keep your position open while you are receiving workers’ compensation.
If you are an at-will employee, you may be fired for any reason at any
time, without any explanation. Your employer cannot be expected to keep
your position open if you are unable to work for months or years. Thus,
the law does not protect you from being fired while receiving workers’
However, your employer may not terminate your employment simply because
you filed for workers’ compensation. This is known as employment
retaliation, and is strictly prohibited by federal laws. In fact, employment
retaliation includes many negative employment actions aimed at punishing
employees for taking part in protected activities (such as filing for
- Reducing pay
- Passing up for a promotion
If you have suffered any negative employment actions simply because you
filed a workers’ compensation claim, you can pursue justice through
a lawsuit against your employer. However, for all other situations where
your employer terminates your job because you are receiving workers’
compensation and are unable to fulfill your duties, the law provides no
How Can You Improve Your Chances of Returning to Your Position?
If you are injured and are temporarily unable to work, the best thing to
do is maintain open and honest communication with your boss. This can
let him or her know that you intend to return to work as soon as possible,
which may improve your chances of coming back to work. You should also
provide your employer with any medical or employment documentation that
is necessary to keep him or her informed regarding your situation. These
are ways you can avoid being terminated and maintain a positive relationship
with your employer.
Knowledgeable Workers’ Comp Attorneys Serving Cobb County
Chestnut & Beller provides diligent legal services to clients. If you
were injured at work, we can help you file a workers’ compensation
claim and represent you through the process. We know you are going through
a stressful time. Throughout the process, we will fight on your behalf
as you pursue the financial relief you need.
Contact our Cobb County workers’ compensation lawyers
today for a free consultation.