Can You Be Fired for Recovering from a Workplace Accident?

If you’ve been hurt at work, you have a lot of potential stress to deal with. First, the stress of how long it will take for you to recover. Second, there’s the stress of whether you’ll be able to keep your job. Depending on your recovery time and local employment laws, that answer can vary. Worker’s Compensation Worker’s compensation is given to employees undergoing injury treatment so that they can stay solvent in their recovery. This can let you avoid additional stress while recovering from a workplace accident. Worker’s compensation can help to cover paychecks you would’ve received had you not been injured. It can also help you deal with various medical expenses. Can You Be Fired after an Accident? People can’t be fired because of a workplace accident. However, they could be fired while in recovery, due to how long they’ve been absent or how their ability to perform their job has been affected. Should a state have an “at will” employment law, someone can be fired for any cause, without notice, as long as it isn’t for an unlawful reason. An injured employee can’t be fired for having been injured, but they can be fired for other reasons. Will I Lose My Worker’s Compensation You can lose your job but still be eligible for worker’s compensation. The insurance that pays your worker’s compensation holds up as long as you’re still unable to work due to your injury. Anyone who has fully recovered from an injury will no longer be eligible for worker’s compensation. Your doctor should give you continuous information regarding if/when you can work again. Seeking Legal Help If you suspect that your firing was due to your injury and nothing else, then you may need to seek legal counsel. Arrange the facts of your case, such as your injury, your recovery process, and how you were informed of your firing. Your employer may have left a smoking gun that clearly shows they were in violation of employment law. They might also have done something a bit more underhanded but still illegal. Look for an attorney who specializes in employment law and who has a history of success in court. The fallout that can occur from workplace accidents should make you even more aware of how important it is to be safe. Although an accident might not be your fault, it might’ve been preventable if you had exercised a bit more caution. Should you be injured, you need to focus on your recovery and follow your doctor’s orders closely. If you do end up laid off or fired, know that you can still receive worker’s compensation.