Can I be laid off while on worker’s compensation? 

layoff while on worker's comp

Losing your job while on worker’s comp

If you are receiving worker’s 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 work, but you are still entitled to your worker’s compensation benefits for the duration of your claim.

It may seem like adding insult to injury if you’ve been laid off while on worker’s comp, but it is still a legal right of your employer. If this happens to you, it’s best to consult with an attorney to dig into the circumstance of the layoff.

Worker’s compensation is not severance pay

Injured workers are entitled to pursue a worker’s compensation claim to cover their medical expenses and partial income replacement while they are unable to perform their regular duties. This benefit it 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 lay you off, he or she cannot do so because you filed a worker’s compensation claim.

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 worker’s 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 worker’s 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’s comp lawyer right away.

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 worker’s compensation pay and other benefits you may be legally entitled to while you are seeking treatment for your work injury.

Possible employment law action against your employer

Sometimes employers take action that is simply illegal regarding their obligations to their employees. If you’ve been laid off during your worker’s compensation claim, it’s possible your employment relations issues may warrant an employment law action against your employer. If you think this is possible, contact the attorneys at Klezmer Maudlin to discuss your case. It’s always free to consult, and we will let you know if your case warrants action against your employer.

Injured workers should focus on recovery and consult with an attorney

If you’ve been injured at work and want to know if you are eligible for worker’s compensation benefits, consult with an experienced worker’s compensation attorney at Klezmer Maudlin. We care about fighting for the rights of injured persons and workers throughout the state of Indiana.  With offices in EvansvilleIndianapolisLafayetteNew Harmony, and Jeffersonville (Louisville, KY), we are well-equipped to handle your case.