Will You Get Workers’ Comp after Losing the Job?

One thing that is probably missing from an injured workers' comp is that they are fired or dismissed from their jobs. Your employer might have fired you for the compensation claim that contradicts the law, in retaliation. But for reasons not related to your employee's claim your employer may also have fired you. Cuts in the budget or unexpected economic downturns are frequently the result of cuts.

After you get fired or laid off, what happens?

In general, you will continue to receive benefits when you were fired or laid off. While you worked, you were injured and accepted benefits while you still had a job.

However, you may lose your benefits if you were fired for a disciplinary problem, for instance. If your doctor determined that you were fully recovered before you were fired, you may also lose your benefit. Your benefits would probably still have stopped, even if you were not fired.

Your termination can coincide with your employer leaving the company or submitting a bankruptcy application. This should not, however, impact your advantages because they are paid by the compensation company. That said, you can stop receiving benefits if your insurance company begins to face financial difficulties.

Can employer terminate employee for filing compensation claim?

It is prohibited to an employer simply fire you for filing a claim for payment by employees, which means that you need a justifiable reason for termination by your employer.

You may have extra remedies in accordance with the workers' comp law if you feel that you were terminated solely to file your employee's compensation claim. Furthermore, you could also have a civil claim for wrongful termination against your former employer.

Willingness to work

Although there are exceptions, many people are hired on a voluntary basis. This means that for a reason or for no cause employers can fire them. A company can simply restructure and remove your position and you can't do anything about it.

The contract may list acceptable reasons for firing you when you are under a contract. You could claim an infringement of the contract if they fire you for some other reason.

Your employer unfortunately doesn't have to keep your work open to you. If your employer needs somebody else to do the job, he has the right to replace you as your work is essential to the functioning of the company.

The Benefits

• Wage Replacement

If your doctor puts you under a light or limited work obligation and your employer accepts your claim, you will receive two thirds of your weekly average wage as compensation for your employees.

• Medical Costs

All medical costs, including visits to or from doctors, prescriptions, drugs, special treatments, physical therapy, mileage from visits, emergency room visits and all x-rays and MRIs cover the benefit. These benefits include health care expenses. These expenses include:

• Disability Compensation

You may turn to partial or complete disability. You may receive payment for your work-related injury for a maximum of 500 weeks or 9 1/2 years if you have suffered partial disability. You can receive the employee's comp benefit indefinitely if your wound has left you completely unable to work.

If your employer disagrees with your workers’ comp claim that you deserve legally, contact us here at Foshee and Yaffee.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.