Can I Be Fired While on Workers’ Compensation?

Sustaining an injury while at work can be a stressful and traumatic experience for employees. Not only do you have to deal with the physical pain and recovery process, but there are also financial implications such as medical bills, lost wages, and the fear of job loss. Many employees are left wondering if they can be fired while on workers’ compensation.

The simplest answer is “yes, but not because you filed for workers’ compensation.” Here’s what you need to know.

What Does Workers’ Comp Do?

It’s important to note that workers’ compensation is put in place to protect both the injured employee and the employer. Employees receive benefits that cover their medical bills, lost wages, and other related expenses while they recover from their injuries. Employers benefit because they are protected from potential lawsuits from employees who are injured while on the job. But, can an employee be fired while on workers’ compensation?

The short answer is yes, it is possible. However, employers cannot fire employees simply because they have filed for workers’ compensation. Doing so would be considered retaliation and is illegal. If an employer were to terminate an employee for filing a workers’ comp claim, the employee would have grounds for legal action against the company.

Legitimate Cause for Termination

In some cases, an employer may have a legitimate reason for terminating an employee who is on workers’ compensation.

For example, if it is discovered that the injury was caused by the employee’s misconduct or violation of safety regulations, the employer may have grounds for termination. Additionally, if the employee is unable to return to work due to a permanent injury or illness, the employer may be within their rights to terminate their employment.

In most cases, employers are required to hold an employee’s job open while they are on workers’ compensation. This means that, upon recovery, the employee has the right to return to their previous position or a similar position with the same pay and benefits. If an employer fills the position while the employee is on workers’ compensation, they may be in legal trouble.

What is Considered a Serious Injury in a Car Accident?

Car accidents are scary, and the impacts can be life-changing. After an accident, one of the first things you may ask yourself is what types of injuries are considered serious. Understanding the severity of your injury can help you determine what type of medical attention you need, and what type of compensation you may be entitled to.

What are the most important considerations about serious car accidents?

Traumatic Brain Injury (TBI)

One of the most severe injuries that can result from a car accident is a traumatic brain injury. A TBI can happen when the head hits a hard surface, such as the windshield or steering wheel. Symptoms of TBI may include confusion, headaches, amnesia, and loss of consciousness. In severe cases, TBIs can lead to permanent brain damage, cognitive impairments, and even death.

Spinal Cord Injuries

A spinal cord injury can occur when the spinal cord is damaged or severed. This type of injury is most commonly seen in car accidents where the victim’s head or neck is forcefully jolted. Symptoms of a spinal cord injury can include paralysis, chronic pain, muscle weakness, and difficulties with bladder or bowel function. The severity of a spinal cord injury can vary from partial to complete paralysis and can be life-altering.

Burns

Burn injuries from car accidents can be incredibly painful and can lead to serious infections and scarring. The severity of a burn injury depends on its depth and the amount of skin that has been affected. Burns can be caused by contact with hot metal or consistent contact with a hot surface. You may be entitled to compensation for medical bills, time off work, and disfigurement.

Broken Bones

Broken bones are a very common injury in car accidents. Depending on the force of impact, a broken bone may require surgery and extensive rehabilitation. Some broken bones may not be able to heal correctly, leading to chronic pain and a decreased range of motion. The most commonly broken bones in car accidents include the hips, legs, arms, and ribs.

Internal Organ Damage

Internal organ damage is a severe car accident injury and can be life-threatening. It often happens when the victim’s body hits an object violently, such as the steering wheel or dashboard. Symptoms of internal organ damage include abdominal pain, vomiting, and dizziness. Depending on the severity of the injury, victims may require surgery and extended hospital stays.

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