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 work, but you are still entitled to your workers compensation 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 attorney to dig into the circumstance of the layoff.
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. 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 workers 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 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 workers comp lawyer right away.
You may be entitled to Temporary Total Disability (TTD) benefits
If you have been laid off while out on workers 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.
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 workers 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 workers compensation benefits, consult with an experienced workers 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 Evansville, Indianapolis, Lafayette, New Harmony, and Jeffersonville (Louisville, KY), we are well-equipped to handle your case.