can I keep workers comp if I get fired?

Will I Lose My Workers’ Comp Benefits If My Employer Fires Me?

In case seeking workers’ compensation wasn’t stressful enough, employees also have to worry about losing their jobs while they’re away from work. There are a lot of questions regarding the legality of this, as well as questions about what happens to your benefits if you get fired. It’s crucial to understand your rights when receiving workers’ compensation so you know what to do if you get terminated or laid off.

If you’re having issues with your workers’ comp claim, the team at Thiry & Caddell is here to support you through this process. Schedule a consultation now by giving us a call at 251-478-8880.

At Will Employment

First, you should know that Alabama is an at will employment state. This is the case for almost every state in the country. As long as you aren’t fired for being part of a protected class or as retaliation, your termination is likely completely legal. This cuts both ways—this right also allows employees to quit their jobs whenever they choose.

Note, though, that this does not mean that you can get fired for filing a workers’ comp claim. Alabama law specifically prohibits employers from firing an employee for reporting an injury or receiving workers’ comp.

When Termination is Actually Retaliation

Uncovering retaliation isn’t always that easy, though. Employers know that firing someone for getting workers’ comp will lead to a swift lawsuit, so they’ll often try to cover it up with other reasons. They might bring up past performance issues, missed days of work, days you came in late, or other issues that seem minor or unrelated.

If your past work performance was largely viewed as positive and you weren’t on a performance improvement plan, you’re right to be suspicious if your employer suddenly has a myriad of issues with you after a workers’ comp claim. They might state there are other reasons for your termination—that doesn’t mean that they aren’t motivated by your workers’ comp claim. You may still have legal recourse in this situation.

Acceptable Reasons for Termination

While retaliation is a serious issue for employees receiving workers’ comp benefits, there are also things employees can do that lead to termination. Acceptable causes for termination include:

  • Failing to provide documentation regarding missed days of work or medical care related to your injury
  • Refusing light work duty in line with your doctor’s orders
  • Ignoring your doctor’s restrictions and working in a way that is unsafe
  • Misusing company equipment or machines in a way that causes injury
  • Being under the influence of drugs or alcohol at work and suffering an injury as a result

Benefits Are Tied to Your Injury

If your primary concern is the status of your benefits, remember that your benefits are tied to your injury—not to your continued employment at your company. Even if you are terminated, you will still continue to receive benefits as long as your injuries warrant continued benefits. You’ll still need to attend all doctor’s appointments, follow your doctor’s care instructions, and meet all the other conditions of your claim.

What to Do If You Think You’re a Victim of Retaliation

If you suspect that your “coincidental” termination or layoff is actually retaliation for your workers’ comp claim, don’t give up hope. It’s time to hire a workers’ comp attorney who can help you navigate employment issues. Employers often think they’re covering their bases by using vague or irrelevant performance issues as the reason for firing an employee, but experienced employment attorneys see through those claims.

You have rights as an injured employee in Alabama. Do not let your employer take those away from you. The workers’ compensation system is there to protect employers and employees alike, and you are not harming your company by getting the benefits you are entitled to. If your company is trying to shirk Alabama law by firing you after a workers’ comp claim, contact an attorney as soon as possible to explore your options.

Contact Thiry & Caddell Today

The team at Thiry & Caddell has extensive experience with workers’ comp claims in Alabama. Whether you’re facing claim denial or possible retaliation, we’re here to help you. Schedule a meeting now by calling us at 251-478-8880 or contacting our team online.

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