Fired or Laid Off
Are you curious as to what happens if you are fired while receiving workers’ compensation benefits? Well, if your employer decided to fire you or lay you off while you were already receiving benefits, you should be aware that you can still receive them. This is because you were already approved for the benefits before the time of termination.
But there is a downfall. Depending on the reasoning for your firing, you could lose your benefits. Not just that, but if you had a note from a medical professional saying you were able to return to work and you did not return. Then you could also lose your benefits once terminated from the position.
Another important thing to note is that layoffs may not affect your worker’s compensation benefits. This is because you are being paid by the company’s workers’ compensation selected insurance company. However, if the insurance company is unable to pay the benefits due to an issue on their end, you may no longer receive those benefits.
There are times when a company may hire you as an on-call or at-will employee. This means they will only let you work when it is deemed necessary, or they need the extra help. This also, unfortunately, means that you could be fired with or without reasonings. Upon hiring you, the company may have you under a contract that can list multiple reasons for firing you. If you do find that the reason they fired you isn’t on there you may be able to make a claim.
If you are unable to work and receiving the benefits, the company can fire you if they desperately need the work done. They can easily find somebody else to cover your job and replace you while you are out for injuries, and you may not get it back.
Filing and Firing
Simply put, your employer cannot fire you for filing a worker’s compensation claim. If they wanted to fire you, they will need to supply fair reasoning other than you are filing your claim. If you do, however, have the feeling that you were fired for claiming workers’ compensation, you can always contact your Brunton Law Office in Troy, Illinois for legal help in what to do for the next step.