Question: Can I be fired while I am off for a work related injury?
I was injured at work and I am off work and collecting compensation while I am healing. There is some scuttlebutt around work that there are going to be some layoffs and I may be one of them.
I have a couple of questions. First, if this happens, will it affect the payment I am getting while I am healing? Second, Is this something that is legal? Can my company fire me because I can’t work right now?
Answer:
Most compensation that comes to injured workers comes from an insurance policy that the employer bought to protect them against claims from people hurt on the job. So, the pay that you are receiving while you are off work to heal shouldn’t be affected. Although, different areas have different workers injury laws.
As far as the being laid off, it really depends on the reason that you are being laid off. If it is retaliation because you filled a workers compensation claim, in most places, that would not be legal. If it is because of lack of business at the company, your employer can probably do that if they have a procedure for the layoffs that is systematic and does not single you out because of your injury.
If you get laid off, you might want to speak with a personal injury attorney that specializes in workers injury law. They can advise you on your rights under the law in the area that you live.
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