If I am Fired or Lost My Job, Do I Lose My Workers’ Compensation?

June 16, 2022 | Personal Injury, Workers Compensation

A workers’ comp attorney’s guide to workers’ compensation after losing you job

If you are receiving workers’ compensation, you probably have a lot of questions.

If you become reliant on workers’ comp, the fear of losing your job or the benefits you are receiving from your workers’ compensation claim is likely at the forefront of your mind.

Filing for workers’ compensation or disputing the amount you have received often feels like you are going to war with your employer and their insurance company.

As an employee and as an American, it is important that you know you are entitled to workers’ compensation benefits.

Can I get fired for filing a workers’ compensation claim?

An individual who has been injured at work can file a workers’ compensation claim to receive benefits.

The idea of filing a workers’ compensation claim might seem like the perfect solution to the problem, but it actually comes with some potential consequences for the employee.

Put simply, the answer is no, you cannot be fired for filing simply for filing a workers’ compensation claim.

However, that does not mean it won’t happen.

It is also important to note that you can still be fired while receiving workers’ compensation.

Some employers don’t want to deal with the hassle of having an injured employee on their payroll and instead find an excuse to terminate their employment or have someone else take over his or her duties.

If an employer does this, they are leaving themselves exposed to additional claims and, in some cases, an even higher workers’ compensation payout.

A workers’ compensation attorney will be able to discuss your rights and options more thoroughly.

Related: What is workers’ compensation insurance and how does it work?

Do I lose my workers’ compensation benefits if I return to work?

If you were receiving treatment for a job injury or illness, then when you return to work your treatment and benefits will continue for as long as is medically necessary.

This can be really helpful in cases when an employer needs to make a decision about the employee’s future in the organization.

The worker can decide whether they want to stay and try and find something that doesn’t aggravate their injury or illness or take another job where their injury is less likely to be aggravated by work demands.

Do I lose my workers’ compensation benefits if I lose my job?

Yes, you are still eligible for workers’ compensation even if you are fired from the job responsible for your injury or illness.

When you receive a workers’ comp injury, your right to benefits does not disappear if you are fired or laid off.

Laws protect employees from losing benefits in the event that they lose their job.

As long as the incident occurred while on duty and it is connected with your job duties, those rights do not cease when an employee leaves their current position in pursuit of greener pastures.

You will continue to receive medical care for any injuries sustained during employment; lost wages due to being unable to perform normal tasks without pain; and anything else which may be covered by statute regarding these types of incidents.

Related: What are the most common workplace injuries?

Do I need a workers’ compensation attorney?

If you have been injured or become ill due to an incident that took place at work, we highly recommend contacting a personal injury lawyer specializing in workers’ compensation to review your injuries and the workers’ compensation benefits you are receiving.

Ortwerth Law is a St. Louis workers’ compensation lawyer helping individuals in Saint Louis, Missouri and the surrounding areas.