What Happens to My Workers’ Comp Benefits if I Am Laid Off After an Injury?
Losing Your Job While on Workers Comp
If you are receiving workers compensation benefits for an injury sustained while working, you can still (unfortunately) be laid off from your job. If this is the case, your employer cannot legally rehire you once you are released to return to work, but you are still entitled to your workers comp benefits for the duration of your claim.
It may seem like adding insult to injury if you’ve been laid off while on workers comp, but it is still a legal right of your employer. If this happens to you, it’s best to consult with an Indianapolis workers compensation lawyer to dig into the circumstances of why you were terminated.
What if You Get Laid off During Your Workers’ Comp Claim?
Workers Compensation is Not Severance Pay
Injured workers are entitled to pursue a workers compensation claim to cover their medical expenses and partial income replacement while they are unable to perform their regular duties. These benefits are not a form of severance pay from your employer. However, your employer may still legally lay you off from your job.
If you are an injured worker who has been laid off from your job, pay close attention to the details of the layoff. While your boss can legally terminate your employment, they cannot fire you because you filed a workers compensation claim.
When is Firing Someone on Workers Comp Legal?
Employers Must Have a Legal Reason for Laying Off an Injured Worker
Employers are legally allowed to conduct layoffs that impact injured workers who are out on workers comp. For example, an employer may shut down a department or a facility, and this kind of layoff may include an injured worker. The employer is not obligated to preserve or protect your job in this situation.
However, the employer is not allowed to lay off a single employee because he or she has filed a workers compensation claim. If you find that you are the only person who loses your job and your boss is trying to call your termination a “layoff”, he or she may not have the legal rights to do so. You should speak with an experienced worker comp lawyer right away.
What if You Are Terminated Before You Fully Recover?
You May be Entitled to Temporary Total Disability (TTD) Benefits
If you have been laid off while out on worker’s comp, you may be entitled to Temporary Total Disability benefits. This depends upon the circumstances of the layoff. The attorneys at Klezmer Maudlin will fight to secure you workers compensation pay and other benefits you may be legally entitled to while you are seeking treatment for your work injury.
Can I Be Fired for Filing a Workers’ Compensation Claim?
Possible employment law action against your employer
Sometimes employers take action that is simply illegal regarding their obligations to their employees. Indiana law prohibits the wrongful termination of an employee injured on the job for filing a worker’s compensation claim.
If you’ve been fired while receiving worker’s compensation, your termination may warrant an employment law action against your employer for retaliation. possible, contact the attorneys at Klezmer Maudlin to discuss your case. It’s always free to discuss your case, and we will let you know if your claim warrants action against your employer.
Injured Workers Should Focus on Recovery and Consult with an Attorney
Over 100 Years of Combined Experience to Help You Win Your Case
When navigating the complexities of worker’s compensation, concerns about job security can understandably arise. Workers’ compensation is designed to protect employees who suffer work-related injuries or illnesses, providing financial support and medical benefits during their recovery period. However, questions often arise about the potential vulnerability to layoffs while on workers’ compensation.
In many jurisdictions, employees on workers’ compensation are protected by laws that prohibit termination solely due to their injury or illness. These laws aim to prevent employers from discriminating against employees who are legitimately unable to work due to work-related conditions. Yet, it’s essential to understand the nuances of these laws, as they might not offer absolute job security.
Employers are still within their rights to carry out layoffs or job terminations for valid reasons unrelated to the employee’s workers’ compensation status. Economic downturns, company restructuring, or positions becoming redundant are factors that could lead to job loss, irrespective of a worker’s compensation claim. However, if an employer terminates an employee solely because they filed a workers’ compensation claim, it could be deemed as retaliation, and legal recourse might be available to the affected employee.
It’s crucial for individuals on workers’ compensation to stay informed about their rights and consult legal counsel if they suspect any unfair treatment or termination related to their injury. Keeping open lines of communication with both employers and legal representatives can help navigate potential challenges and ensure protection during the recovery period. Being aware of both rights and limitations within workers’ compensation laws can empower individuals to safeguard their employment status while focusing on their recuperation.
If you’ve been injured at work and want to know if you are eligible for workers’ compensation benefits, consult with an experienced workers’ compensation attorney at Klezmer Maudlin. We can help you with your workman’s comp claim.
We care about fighting for the rights of injured persons and workers throughout the state of Indiana.