Can you get workmen's comp if fired?

Answer 1

depends on what you did. and depends on how strong your union is. The protections under Workmans Comp are intended to insulate you from retaliation by an employer due to your inability while considered injured--- nothing more... If you violated a rule, protocol, or procedure which would have resulted in your termination under other circumstances, and the violation was not in any way caused by your inability stemming from your injury, then you're on your own... Workmans Comp won't allow you to be insubordinate, unruly, late to work, lazy, intolerant of others, argumentative, or unduly absent from work. It WILL protect you from retaliation an employer may attempt toward you concerning your productivity, if it can be shown that the employer is being unreasonable in expecting of you more than your injury will allow. The protection is NOT a safety-blanket against being fired or laid-off for due cause apart from the injury.

Answer 2

Legally, an employer can terminate you for a number of things, however; it is unlawful for them to fire you for filing a work comp claim. I would suggest very strongly, that you keep great documentation of your experiences at work. If you are being harassed, job description is changed without proper notice, etc.

Many employers like to retaliate against injured workers if there is a good claim against them. I have encountered a bit of harassment on my job after getting injured on the job. It comes with the territory.

But, also know that if they terminate you, it does not release their liability to pay your benefits. If you have a strong case for wrongful termination you may even be compensated for that as well. I would suggest getting a lawyer to discuss your specifics. I have heard people say that they don't want to pay an attorney fee, but for peace of mind and a better chance of settlement and medical benefits, it is way worth the small fee that they charge for being your first line of defense. I have a great attorney that is always available to me and he is extremely knowledgeable in this area.

Answer 3

Absolutely not. Someone in my family is going through a similar situation. An employee can not be fired while on worker's compensation.

WC law prohibits ONLY firing workers for CLAIMING WC. If you deserve firing for other reasons, the employer will act.

However, If the employer can prove without a doubt that the claims filed by employee were false, then the employer has the right, and obligation, to report this, resulting in the termination of the employee.

The standard of evidence is not "beyond a doubt", but much lower.

The problem is when the employee comes off of the worker's compensation program. Frequently this is when the employee is most at risk for being unfairly fired. This is because the U.S. still has a few "right to fire" laws in effect.

No law in America prohibits an employer from firing an employee for conduct, performance, or attendance. A few laws prohibit firing based on race, sex, age, religion, of color.

It is an unfortunate situation, not only because the employer has to right to terminate the employee, but it is nearly impossible to prove that the reason was discriminatory. *nearly*

Because everybody in America supposedly get's their 'day in court', the employee can try to subpena the employer and have the case heard in front a judge.

Being on worker's compensation is necessary but it can be a tedious process to maintain a good standing with the employer. $ is especially important to people, especially now with the economy in such a bad state.

Answer 4

There are 50 states in the United States. Each has its own rules concerning workman's compensation. In this state you can not sue your employer for firing you. In another state it is different. In your state you should probably check with a lawyer.

Answer 5

Yes you can be fired will on workman's comp. Going on disability or WCI does not pardon you from any terminable offenses.

Answer 6

yes you can an then worksman comp will pay you 66 percent of what you make every 2 weeks non taxed

Answer 7

every work area has it's rules and process. If you dont keep this you can get fired.

Answer 8

If your company already knows about the incident that caused this then you can. I'm not sure if you can if it has yet to be reported.

Answer 9

yes.