WC has two components: 100% pay for medical costs of workplace injuries, and insurance payments for lost work time.
If you are receiving WC medical costs, but not lost time, your doc has NOT certified you as incapactitated from work. The employer can schedule you to work, and you must.
If the doctor has certified you as incapacitated from working, the employers opinion about that is irrelevant. You cannot be compelled to work.
Your employer cannot fire you just because you have filed a workers comp claim. They must have proof of something else before they can fire you.
AnswerIn Canada no, an employer can't lay off or fire an employee on Worker's Comp. However, if the company should cut out certain shifts (one you were on) or goes bankrupt then yes, you could be out of a job.
No. If you have been fired (discharged, laid off, let go, whatever) while collecting worker's compensation contact your local state employment office and a lawyer. If your doctor has cleared you to return to work, you must. If you don't return, that is one of the few times you may be fired.
Yes.
You need to check with your state on that one. Start with your local DOL office and see what they say about it. The DOL (Department of Labor) Office is one who write the rules in each state which governs full time and part time as well as workmans comp. Myself I was on workmans comp for 1 hour 2x a week for a month and my boss didnt say a word. Then again I was only leaving 30 minutes early each day.
If the employer needs to layoff workers, and follows its layoff procedure, and you are the next lowest in seniority, you are laid off. WC law prohibits dismissing you BECAUSE OF the claim, and does not prohibit separation for any other reason.
Lincoln ELectric
yes
depends on the terms of the contract
Depending on which state you live in , some states have a 30 day window in which a fired or laid off employee can file a workers comp claim. If you are in this situation, I would suggest that you consult an attorney who will gladly help you file this type of claim.
What can I do after coming off Workers Comp after spraining my ankle and my boss laid me off as he doesn't have any worker for me, but he is keeping the temp that he hired while I was off injured.
Not much cause they are all getting laid off
Receiving WC benefits provides zero protection against being laid off or even being fired for misconduct or poor performance. The only protection is against being fired or harmed for claiming WC.