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An employer cannot fire you merely because you have filed a worker's compensation claim. However, you can be fired while on worker's compensation if there is just cause that is not related to the worker's compensation.

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9y ago
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13y ago

Generally, no, if you are on Workers' Compensation because of a work-related injury, it is illegal for your employer to punish or fire you for having a job injury, or for filing a workers' compensation claim when you believe your injury was caused by your job.

If you feel your job is threatened, find someone who can help. Note that there are deadlines for taking action to protect your rights.

However, while the employer cannot fire you BECAUSE you are on WC, but can fire you for other reasons.

Bob and Sam get in a fistfight at work, contrary to published rules, and Bob already on a written warning. Bob gets injured in the fight and draws WC benefits. Bob also gets fired for fighting and violation of the previous discipline. No WC law violation.

Trucker Jim gets in an injury accident driving the company's truck drunk. He get WC benefits and he gets fired. And prosecuted for DWI. No WC law violation

WC is not a shield against getting disciplined and fired when you deserve it.

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13y ago

Yes, certainly. Nothing about WC law prohibits firing you while absent from work or on your return. WC law prohibits firing you BECAUSE you made a valid WC claim. So, if you work quality, tardiness, insubordination or other offenses earned you fining, no WC law violation.

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9y ago

This probably depends on the state laws where you work and reside. If it has nothing to do with your injury itself, I would think you can be fired for cause. Just because you have a pending Workman's Compensation claim is no protection from your employers normal employment practices.

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12y ago

If you have received wc benefits. What is the time frame for which you could collect additional benefits,if you are fired for no fault of your own?

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13y ago

Certainly. If your job is eliminated, or you get bumped by a more senior worker in a RIF, or for other reasons. You cannot be fired BECAUSE of a valid WC claim.

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14y ago

There's literally no way. Seriously. Go nuts.

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13y ago

Certainly. You cannot be fired BECAUSE of your WC claim, but can be fired for ANY other reason.

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13y ago

yes you can

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Q: Can you lose your job while you are on workmans comp?
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