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Can I be fired while out on workers compensation?

 
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Can I be fired while out on workers compensation

Your Right To Keep Your Job

Can I be fired while out on workers compensation?



When there is a workplace injury, the most common reason workers are afraid to file a lawsuit against their employers is the fear of losing their jobs. Most of the time, workers will just settle on what the employer is willing to pay or use their medical insurance. If you are one of these people then you are totally wrong.

What would be the purpose and function of worker's compensation laws if people will not be able to exercise their rights? The State recognizes your right. You can never be fired by your employer because you file a case for your compensation benefits. Never can you employer dismiss you from your job. So, you do not need to worry of losing your job.

Why the employer cannot fire or dismiss you from your job



The most common ground for firing an employee is gross misconduct. If the employer fired you because you didn't agree with the settlement he offered then he can be held liable for wrongful termination. No employer can fire an employee without any justifiable reason. All states recognize the right of an employee for a secured job. Thus, an employer cannot easily fire an employee at his will. If by any chance, the employer fired after you were injured at work and filed a claim, then you also have the right to file another lawsuit against your employer for wrongful termination.

What if you were fired when you are on leave because of the injury you've suffered?



For an employer, claims for worker's compensation benefits really are a total headache (but then again so is the injury you sustained!). Unfortunately there are employers who will try to get out of their obligations to pay, and will try to find a reason to terminate the worker while he is out on medical leave. However, firing an employee when he is on workers compensation disability leave is not a legally justifiable action. This is a very bad move on the part of the employer. Most State laws prohibit termination of employee who filed a claim for compensation benefits.

If you are fired because you filed a lawsuit for your compensation benefits, or because you were out of work on medical leave because of a work related injury, immediately consult to your workers compensation lawyer. Don't be afraid. Every action which is not legal has its own consequences. Fight for your right because you have the right to demand and enforce it. A workers compensation lawyer is always there to represent you.


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Frequently Asked Questions
  What do I do if my workers' comp claim was denied?
  Can I get a lawyer free in a workmans comp case?
  When do I need a workers compensation lawyer?
  How do I choose a workmans compensation lawyer?
  When can I sue for personal injury that occurred on the job?
  How much will I get for a workers compensation benefits settlement?
  Can I be fired while out on workers compensation?
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Worker's Comp Lawyer: Costs? Worker's Comp Lawyer: Costs? Worker's Comp Lawyer: Costs?
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What do I do if my workers' comp claim was denied? What do I do if my workers' comp claim was denied? What do I do if my workers' comp claim was denied?
Can I get a lawyer free in a workmans comp case? Can I get a lawyer free in a workmans comp case? Can I get a lawyer free in a workmans comp case?
When do I need a workers compensation lawyer? When do I need a workers compensation lawyer? When do I need a workers compensation lawyer?
How do I choose a workmans compensation lawyer? How do I choose a workmans compensation lawyer? How do I choose a workmans compensation lawyer?
When can I sue for personal injury that occurred on the job? When can I sue for personal injury that occurred on the job? When can I sue for personal injury that occurred on the job?
How much will I get for a workers compensation benefits settlement? How much will I get for a workers compensation benefits settlement? How much will I get for a workers compensation benefits settlement?
Can I be fired while out on workers compensation? Can I be fired while out on workers compensation? Can I be fired while out on workers compensation?