Can you be terminated while on workers comp leave?
While you cannot be terminated simply because of a worker’s compensation claim, it is possible to be terminated while you have an open worker’s compensation claim. An experienced Workers’ Compensation attorney can help you in handling a termination while on workers compensation leave.
Can a worker’s Comp award be terminated for any reason?
Not true! Yes, the Award is to protect benefits; however, if the insurance company can find a legitimate reason, they can still terminate (or attempt to terminate) your benefits. Watch out for these:
Can a person be fired while on workers compensation?
A common question from clients who have been injured on the job is whether they can be fired while out on Worker’s Compensation leave. The answer is not as simple as yes or no. While you cannot be terminated simply because of a worker’s compensation claim, it is possible to be terminated while you have an open worker’s compensation claim.
Can a company cut off your workers’compensation benefits?
If the injured worker does not attend this exam, the insurance company can cut off lost wage benefits for not cooperating. However, if the IME doctor says you can return to work, the insurance company may use this as a way to attempt to stop the injured worker’s benefits (Call a workers’ compensation attorney right away!!!).
Can a company terminate an employee on workers compensation?
At Will Employees. Most employers will not come right out and tell an employee on workers’ compensation that their workers’ compensation claim is the reason they are being terminated. As described below, an employer cannot terminate your employment as retaliation for filing a workers’ compensation claim.
Can a worker’s comp claim be denied after being fired?
However, there are some situations when workers’ compensation benefits are denied after an injured worker is fired. At Skibiel Law, we offer a free initial consultation to discuss job termination and Georgia workers’ compensation benefits.
Can a disabled employee be fired while on workers comp?
It’s not unheard of for disabled employees to get terminated while on workers’ compensation. But is it legal? The short answer is yes, it can be. But it’s not as straightforward as it sounds. Your employer cannot fire you for filing a workers compensation claim.
How does workers comp work when fired after a work accident?
Being fired does not legally prevent or stop the receipt of workers’ compensation benefits. The reason for the firing and when it occurs are important factors in determining if an injured worker will receive benefits. Sometimes a firing after a work accident is justified, but many times it is not.