Getting Fired While on Workers’ Comp

Getting Fired While on Workers’ Comp

Workers Comp Attorney

If you have been injured while at work, you are entitled to receive workers’ compensation benefits unless you were purposefully negligent or under the influence of drugs or alcohol. By law, your employer has to have a workers’ compensation policy through an insurance company. Can you be fired while on leave collecting workers’ comp benefits?  Here are the answers to this and other questions concerning workers’ compensation benefits. If you believe you were wrongly fired or you are not getting the benefits you feel you are entitled, contact workers’ compensation attorneys to discuss your particular situation.

Legal Reasons You Could Get Fired While on Workers’ Compensation

  • Basically, if you are just disabled temporarily and on workers’ compensation, you cannot be laid off or terminated; however,
  • If you are medically unable to return to your previous position, your company may be able to fire you; or
  • If the company needs someone to perform your job because it is necessary for their business, they can fire you — but the firm has to prove this and therefore many companies will use the services of a temporary employee instead of formally replacing you.

What to Do If You Are Injured On the Job

If you are injured while on the job, whether on site or remotely while performing work functions, it is important to do these things:

  • Inform your supervisor or human resources as soon as possible after the injury
  • Seek medical attention — you have the legal right to getting medical treatment
  • Obtain and complete the necessary claim forms for workers’ compensation

Benefits You Can Expect to Receive through Workers’ Compensation

There are four standard benefits you are generally able to receive:

  • Short-term disability while you recover from your injury, which covers part of your wages
  • Treatment for medical issues that are necessary to treat or mitigate the effects of the injury
  • A Settlement should you be permanently disabled — the compensation you receive will be based on the extent of your disability
  • Paid training to help you obtain a position or new job in the event you are unable to continue at your usual job and your company does not have any other employment for you

Where Do the Workers’ Compensation Benefits Come From

Employers are legally bound to purchase workers’ compensation insurance. The benefits do not come from the your employer, but the insurance company where your company purchases the insurance policy. The workers’ compensation insurance policy is handled like any other insurance policy, such as homeowners or car insurance. An adjuster who works for the insurance company investigates the claim and insurance company disburses the benefits.

When You Need to Consult an Attorney

If you do not think you are receiving fair benefits and have questions, and you are not able to get answers to your satisfaction from your company or the workers’ comp insurance provider, it may be time to consult an attorney with your concerns. Also, if your injury was as a result of the negligence of your employer or it was perhaps intentional, consult the experienced Milwaukee workers compensation lawyers to discuss whether or not you have grounds to file a lawsuit.



Thank you to our friends and contributors at Hickey & Turim, SC for their insight into workers comp and termination.

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