While most people think they can’t be fired if they’re on worker’s compensation, it can actually happen. If a company is in the midst of layoffs, or the employee was to be fired because of poor performance, a person can lose his/her job while on worker’s comp. There are many reasons for termination, especially for at-will employees, but a worker cannot be fired for applying for or receiving worker’s comp. If a person suspects that he/she was fired for making a claim, they should consult a Workers Compensation Attorney in Aurora IL.
Can a Person be Terminated if the Injury Leaves Them Disabled?
If the injury-related disability prevents the person from doing their job, the employer has a cause for termination. This applies to a variety of jobs, but particularly to those requiring a high level of physical activity. If a person can still do the job but needs reasonable accommodations in order to do so, they cannot be fired due to a disability.
Does Worker’s Compensation End With Termination?
Regardless of why a person’s employment is terminated, their worker’s comp benefits won’t end with the termination of employment. The client will receive benefits until they have fully recovered or they’ve reached the maximum level of medical improvement. Consult a Workers Compensation Attorney in Aurora IL for more details or to schedule a free consultation.
Applying for Worker’s Compensation Benefits
Although losing a job because of a worker’s comp claim is uncommon, many people fear being fired for filing a claim. Because of the fear, most have about losing their jobs, many are reluctant to file a claim. Instead, they use their own health coverage, or they avoid seeking medical treatment. As a paid worker, a person is entitled to the company’s worker’s compensation benefits, and they should not be frightened of taking full advantage of those rights.
Worker’s compensation cases can be complex, and things are made more complicated when a person loses his/her job after filing a claim. At Cullotta Bravo Law Group, the team can help those who have been subjected to retaliatory termination protect their rights and avail themselves of all possible legal remedies.
