Can I Be Terminated While Receiving Workers' Comp?

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 workers' comp).

Retaliation includes:

  • Demoting
  • Firing
  • Reducing pay
  • Passing up for a promotion

However, 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’ compensation.

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 protection.

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

Herbert Chestnut & Associates 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.