This is a scary thought for anyone who has been hurt at work. Here’s what you need to know.
Workers’ Compensation Laws
It’s important to know that under workers’ compensation laws, your employer cannot fire you solely for an on-the-job injury. Employers must provide coverage for medical expenses and lost wages due to workplace injuries, and they cannot retaliate against you for filing a claim. However, there are a few exceptions to this rule. For instance, if your injury was the result of purposely violating company policy, such as using drugs or alcohol before work, your employer may have justifiable grounds for termination.
Do Your Duty
It’s crucial to inform your manager, supervisor, or human resources department about your injury as soon as possible. While workers’ compensation laws protect you from being fired for seeking medical treatment, your employer has the right to terminate you for failing to report your injury promptly.
Additionally, failing to follow safety rules or proper training for the job can result in termination. You should take this risk seriously and follow safety rules in your workplace.
Workers’ Compensation is Limited
It’s also important to understand the limitations of workers’ compensation benefits.
Does your injury prevent you from performing your job duties? Is there no alternative position available?
Your employer may have the right to terminate your employment.
Also, if your injury affects your ability to maintain regular attendance or punctuality, your employer may be able to let you go. However, employers must make reasonable accommodations for employees with disabilities. This is so as long as those accommodations do not create an undue hardship for the company.
You Could Still Be Fired
Finally, realize that just because you’re covered by workers’ compensation doesn’t mean you’re immune to being fired for unrelated reasons. If your performance or attendance is poor, or if your company needs to downsize, you may still be let go.
However, it’s essential to know that employers need to prove that they’re not firing you because of your injury but for other legitimate reasons.
Getting injured at work doesn’t automatically mean that you will lose your job. Workers’ compensation laws protect you from being fired for seeking medical treatment for a workplace injury.
However, there are a few exceptions to this rule that you need to be aware of. By understanding these exceptions and your employer’s obligations, you can better protect yourself, your income, and your job security.
For more information about workers’ compensation or to speak to someone about your workplace injury, contact Livingston DiMarzio Brown, LLP at (973) 943-4961.
