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My Workplace Injury May Get Me Fired or Treated Differently. What Do I Do?

May 9, 2017

There’s nothing more frustrating, or mentally stressing, than the possibility of losing your job while on workers’ compensation benefits. The circumstances could be anything from the company outright firing you to being laid off due to workplace reduction. No matter the situation, it’s critical to understand what your rights are, and if you can continue to receive benefits with the aid of a lawyer, such as The Workers’ Compensation Law Firm. Here are three scenarios we commonly find our clients facing, and how we recommend they follow through with their case.

Scenario #1: I’ve returned to my job, but my responsibilities have changed. I’ve been demoted and am now receiving lower pay.

In many cases, employers treat employees unfairly upon their return in hopes of them quitting their job and ultimately, ending workers’ compensation benefits. Unfair conditions include demotions, lowered pay, changes in position/responsibilities and undeserved penalizing actions. All are considered types of illegal retaliation, which is not acceptable according to workers’ compensation law. No one deserves to be treated differently because of the outcome of a workplace injury. If you can prove there’s an identifiable change in your job as a result of injury benefits, then we strongly recommend getting the aid of a workers’ compensation lawyer to help you sue.

Scenario #2: I’m currently on workers’ compensation leave, and now I’m being laid off due to a reduction in workforce.

The first thing many of our clients ask is if their company is committing an illegal act because they assumed their job was protected while on leave. If your company openly admits they’re laying you off because you’re on workers’ compensation leave, then that could be an illegal retaliation in which you can sue against. If your company was planning on letting employees go, even if you were still on the job, being on workers’ compensation leave doesn’t always protect you from layoffs. No matter what, if your employer is planning to lay you off, they must prove that it has nothing to do with your workers’ compensation claim.

Scenario #3: My workplace injury prevents me from returning to my job and now my employer is looking to replace me.

Workers prevented from returning to their jobs because of their injuries may have the option to get assistance on finding another career, also known as vocational rehabilitation. It’s similar to temporary disability, which allows employees to receive partial income while looking for another job. Not all workers’ compensation benefits cover this option, which is why it’s important to know all your choices when filing a claim and agreeing on a settlement. That’s where our attorneys at The Workers’ Compensation Law Firm come in.

We know the possibility of losing your job while on workers’ compensation benefits is an emotionally draining thought. By hiring a workers’ compensation lawyer, you don’t have to worry about the risk of lost funds or unjustified biased treatment. At The Workers’ Compensation Law Firm, we fight for your case to ensure you can go back to your job without worry. If you’ve found yourself in a similar situation, contact us today for a free consultation. No matter your circumstance, we want to help!