Will I Get Fired If I Get Hurt at Work?Last updated on: September 20, 2022
Whether your injury took place in an office, a warehouse, or the scaffolding of a new skyscraper, employers are expected to make sure that their employees are safe. Unfortunately, this doesn’t mean that employers can guarantee your safety. However, your job should never be in jeopardy because you’ve been injured and need time away from work.
If you’ve suffered a workplace injury and were let go from your job, you may be entitled to pursue a compensation claim against your employer. Speaking with a personal injury lawyer after your injury can help make sure that your rights are protected and honored.
For a free case evaluation with a workplace accident lawyer call Zinda Law Group today at (800) 863-5312.
Will I Get Fired If I Get Hurt At Work? What Are Your Rights?
Employers ought to be extremely cautious when it comes to firing employees after a workplace injury. Under the Americans with Disabilities Act (ADA), employers have a duty to try to accommodate employees who have been injured on the job. However, after a workplace injury, injured employees and their employers are often curious as to whether the right to maintain employment exists.
While the protections of the ADA do not apply in all circumstances, the ADA does require your employer to make reasonable accommodations before firing you. For example, if your injury causes you to become fatigued, a modified work schedule will most likely be considered a reasonable accommodation.
On the contrary, an accommodation is more likely to be unreasonable if it requires a drastic impact on the employer’s budget or lowers the overall quality of their operations and product.
Sometimes reasonable accommodation is denied for an unjustifiable reason. These types of cases often entail pressure or harassment from the employer in an effort to get the employee to leave their job. Accordingly, it is important to recognize that under law the employer has a duty to work with your needs and, at the very least, attempt to create modifications to accommodate you, so long as the accommodations are reasonable.
Will You Get Fired If You Get Hurt At Work?
In the United States, most jobs are considered to be ‘at-will’ employment. From a legal standpoint, this means that an employer can fire their employees for any reason except in some limited circumstances. These limited circumstances are synonymous with discrimination, such as firing someone based on their race, religion, gender, or sexual preference.
Depending on the state you live in, there may be laws in place that protect you from losing your job for a prescribed period after the injury. However, an employer may nonetheless be within their right to let you go if your injury is such that it prevents you from doing your job’s essential functions.
Perhaps most terrifying is that even though these laws are in place, their predominant purpose is to offer recourse. In an ideal world, you would be able to exercise your rights before you suffered any harm. However, employers are unpredictable, and, in most cases, a wrongful action cannot be punished until it has already taken place.
Meaning months of unemployment or negotiating; which is why it’s prudent to secure an attorney as soon as possible.
What happens If You’re Fired After a Work Injury?
The days after you’re released from employment can be extremely stressful. If you were fired because you were injured on the job, the termination from your employment can serve as an additional, unwarranted stress on your shoulders.
One of the things that can help to ease this stress is to have an idea of what steps you should take after your workplace accident occurs. While clients are better served when advice is individually tailored to their needs, some actions are still generally helpful in your case. The following steps outline the appropriate actions you should take after getting fired because of a workplace injury.
1. Report the accident
2. Seek Medical Attention
3. Keep All of Your Medical Records
4. Speak to a Work injury Lawyer
While the outlined steps may seem relatively obvious, it is critical that you seek the advice of experienced workplace injury lawyers to get a solid understanding of how the laws in your state apply to your unique situation. In addition, a work injury lawyer can work on your behalf, fighting for the maximum compensation that you are entitled to by crafting effective and persuasive arguments at every step along the way.
Can You Be Fired While on Workers’ Compensation?
Another concept to understand that affects workplace injury situations is workers’ compensation. The exact parameters of workers’ compensation programs vary from state to state, but the general aim is to mitigate the financial burdens that workers take on after they suffer a workplace injury.
You can be fired while on workers’ compensation, however, being fired does not affect your eligibility for benefits.
On the other hand, if your employer fired you because you filed a worker’s compensation claim, or because your injury prevents you from performing your job duties, you should contact a workplace injury lawyer who can help you understand your legal options.
What Happens to Your Workers’ Compensation Benefits If You’re Fired After a Work Injury?
In general, you can continue to collect workers’ compensation benefits after being fired. As mentioned, workers’ compensation laws vary from state to state; some states have important limitations.
However, if you are fired after you’ve started to receive workers’ compensation benefits, it is unlikely that your benefits will be affected.
Need Help? Contact Zinda Law Group Today
Workers’ compensation and personal injury claims entail tedious paperwork, deadline compliance, and administrative hassle. However, concern over the amount of work it takes to file a claim should not be your primary focus following a workplace injury. After a workplace accident, you should be focused on rest and recovery.
To learn more about your legal options, call the workplace accident lawyers from Zinda Law Group at (800) 863-5312. A member of our team will be there to discuss your claim for free. Additionally, we offer a ‘No Win, No Fee’ guarantee which means that you won’t pay anything unless we achieve a favorable settlement, judgment, or verdict for your case.
Meetings with attorneys are available by appointment only.