Workers’ compensation exists to safeguard the rights of workers in the event of an accident. There’s nothing wrong with seeking compensation from your employers since accidents can result in loss of income. This is important, especially if you are working in high-risk environments. However, what happens to your workers’ compensation after you get fired or laid off?
What happens when you get laid off?
Lay-offs can occur because of budget cuts, downsizing, or unforeseen economic downturns. If you were injured while working and you were receiving benefits prior to being laid off, then you are still entitled to receive these benefits. However, this is not the case in certain situations.
You also don’t have to worry about not receiving benefits if your company files for bankruptcy because the damages awarded to you will be paid by your former employer’s insurance company. It will only be a problem when the insurance company experiences financial troubles or declares bankruptcy.
If you had a full recovery long before you were fired, then you might not receive benefits. Even if you were not fired, you might stop receiving them. You also might not continue to receive your workers’ compensation benefits if you were fired due to disciplinary actions.
Is It Legal to Fire an Employee Due to Filing a Workers’ Compensation Claim?
Anyone who has been injured in the workplace is entitled to claim workers’ compensation from their employer. Firing you because you asked is illegal. Your employer must provide justifiable reasons for terminating you. Your submission of a workers’ comp claim is not grounds to fire you.
If you feel you were terminated due to filing your workers’ compensation claim, then you should examine the workers’ compensation law for remedies. You may also file a civil claim against your employer. It’s best to talk to a lawyer about this since they know the law and can give you advice on your next steps.
Getting fired from a job without justifiable reasons is illegal. However, you have to know that employees are hired on an at-will basis. This means an employer can terminate an employee for a reason or none at all.
Yes, it is unfair, but this is the reality. They can fire you and eliminate your position without your say in it. But, if you have a contract, it may offer your protection because it has a list of acceptable reasons for terminating your contract. Once they fire you due to other reasons not stated in the contract, you can claim a breach of contract.
The solution to all your woes is to ask for legal help from a qualified attorney. They have studied and practiced the law for years, which means they can offer legal advice to your situation. They can even help you file an appeal, so reach out to your local attorney.
Worker’s compensation is a big problem that attorneys in Northern CA can help with. Pacific Workers' is the best firm to help you with your problems. Contact us for a free consultation 800 606 6999.