What Happens if I Get Fired While On Workers’ Comp? Everything You Need to Know

Workplace injuries can happen anytime. One minute you’re doing your job, the next minute you’re filing a workers’ compensation claim for an unexpected injury that occurred while you were doing your job duties. While you’re recovering, you might worry about when you will get back to work, or if you’ll even have a job to return to. That’s when you start wondering: what happens if I get fired while on workers’ comp? In this blog post, we’ll explain your rights, options, and the steps you need to take if you’re fired while on workers’ comp.

What Happens if I Get Fired While On Workers’ Compensation?

Being fired while on workers’ comp doesn’t automatically mean that you’ll stop receiving workers’ compensation benefits unless you’re fired for misconduct or your termination impacts your eligibility. In most cases, you’ll continue to receive your benefits until you reach maximum medical improvement (MMI). Once you reach MMI, the workers’ compensation board or your doctor will reassess your claim to determine what can be done next.

If you’re fired for a valid reason that has nothing to do with your injury, such as violating company policies, your workers’ comp benefits may be reduced. However, if you think your termination has something to do with your workers’ comp claim or injury, you may be dealing with retaliation, which is illegal in many states. If this is the case, you can file a retaliation or wrongful termination claim and consult with an employment attorney.

You should also keep in touch with your insurance company to understand your rights under workers’ comp coverage in Florida.

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Can You Get Fired While on Workers’ Comp?

Unfortunately, your employer is legally allowed to fire you while you’re on workers’ comp. However, the termination of employment while on workers’ compensation must be based on a valid reason, such as intentional misconduct, poor performance reviews, or company restructuring. If you’re fired for a workers’ comp claim alone, this can be considered wrongful termination due to work injury. In this case, you’ll be eligible to file a legal claim for employer retaliation or discrimination.

It’s important to know that workers’ comp termination doesn’t automatically disqualify you from receiving your disability benefits as long as your claim is valid and you’re still recovering from a work injury. However, proving that your termination is connected to your work-related injury can strengthen your workers’ compensation claim and any legal action you’re taking for wrongful termination.

Wondering what your potential benefits could look like? Read our helpful guide: Workers Compensation Insurance Cost Calculator to estimate your coverage and costs.

Can You Get Fired for Getting Hurt at Work?

Employers don’t have any legal right to fire employees due to an on-the-job injury unless the injury prevents the employee from performing their basic job duties. If you were injured at work and then fired, and you believe the injury was the reason you’re terminated, you may be facing wrongful termination due to work injury, which is illegal in many states. If this happened to you, you can file a claim for employer retaliation, but you have to offer sufficient evidence to support your case. This might include documentation, such as emails, job performance reviews, and witness statements. You can also consult with a workers’ compensation attorney to help you understand your rights and guide you through the claim process.

What Happens If You’re Fired After a Workers’ Comp Settlement?

You can get fired after settling a workers’ compensation insurance claim, and there are several legitimate reasons why that might happen, including:

Performance Issues: Ongoing performance issues or policy violations that have nothing to do with your injury can get you terminated.
Permanent Disability: If your injury left you with a permanent disability that prevents you from doing your job duties, your employer can legally end your employment contract.
Company Restructuring: You could lose your job if the company undergoes a layoff, downsizing, or restructuring of departments. These business-related decisions are legal as long as they don’t have anything to do with your workplace injury.
Elimination of Your Role: If your role is no longer needed in the company, and there isn’t an available position that fits your skills and experience, your employer may end your contract.

However, if the timing of your termination is suspiciously close to your workers’ compensation settlement, you might need to look more into that with an experienced attorney. Sudden termination after a work-related injury can raise red flags and may be a potential case of retaliation.

Can an Employer Fire You for Filing a Workers’ Compensation Claim?

Unlike what many people think, employers can’t legally fire employees for filing a claim for workers’ compensation insurance in Florida or any other state. Being fired for a workers’ comp claim is considered retaliation, and it may violate workers’ compensation laws in your state. These laws are designed to protect injured employees and ensure they are financially stable and medically cared for while they recover from a workplace injury.

If you think your termination is linked to your claim, it could be a case of wrongful termination, and you can file a legal claim against your employer. In addition to collecting workers’ compensation benefits, you could also pursue compensation for lost wages, emotional distress, or even reinstatement, depending on your state’s laws.

Not sure if workers’ comp even applies to your situation? Do Sole Proprietors Need Workers’ Comp? Find Out Fast to learn who really needs coverage—even if you work for yourself.

Can You Get Fired for an Accident at Work?

You can’t get fired for an accident at work unless the accident is caused by serious misconduct, such as:

Being under the influence of drugs or alcohol on the job.
Intentionally violating company policies or safety protocols.
Ignoring repeated warnings.
Engaging in reckless or dangerous behavior.
Causing intentional damage to property or equipment that results in an injury.

But if the accident is unintentional and it results in a workplace injury, your employer can’t fire you just for getting hurt.

Can I Sue My Employer for Firing Me for Getting Hurt on the Job?

If you believe that your employer has fired you for getting injured on your job and you have strong evidence to support your case, you can sue your employer for wrongful termination. In most states, it’s illegal for employers to retaliate against an employee for filing a workers’ compensation claim.

Your ability to sue your employer may also depend on your contract. If you’re an at-will employee, your employer can fire you for any reason, unless it’s illegal, like termination due to a work-related injury. Moreover, if your union contract or individual contract doesn’t allow termination without just cause, then if your employer fires you for being injured, they’ll be violating this contract.

I Was in a Car Accident and My Job Fired Me, What Should I Do?

If you’re driving a company-owned vehicle and cause an accident due to serious misconduct, like driving under the influence of alcohol or drugs or reckless driving, your employer may have the legal right to fire you. However, being fired for an accident where you’re not at fault, especially while performing your job duties, can raise legal concerns.

Getting fired while on workers’ comp for a reason that’s linked to your injury or the accident is considered wrongful termination due to work injury, and here’s what you should do if it happens to you:

Review the details behind your termination and understand the reason given for it.
If you’re in an at-will employment state, keep in mind that your employer can fire you for any reason, but not for illegal ones, like termination for seeking benefits after a workplace injury.
If your injury places you in a protected class under disability or employment laws, any termination or demotion taken against you will be considered a violation of your rights.
Gather as much documentation as you can, including emails, performance reviews, and timelines related to your claim and termination. This evidence can help support your case.
Contact a lawyer immediately. A workers’ comp attorney can help you figure out whether your termination was legal and guide you through the process of protecting your rights.
Keep in touch with the insurance company handling your workers’ comp claim to ensure that you continue receiving medical benefits and wage replacement.

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Can an Employer Fire You for a Non-Work-Related Injury?

Your employer can fire you for a non-work-related injury, especially if you’re in an at-will employment state. At-will employment means that your employer can end your contract for any reason, or no reason at all, with some legal exceptions. These legal exceptions include protections under federal and state laws. For example, if your injury causes a disability that qualifies under the Americans with Disabilities Act (ADA), your employer is legally required to explore reasonable accommodations before firing you. Firing you without attempting to provide accommodations is considered a violation of your rights as a part of a protected class.

If you face termination while on workers’ compensation, and you believe you’re unlawfully fired, seek a workers’ comp attorney to help you with your case.

What Is the Difference Between At-Will and Contracted Employees When it Comes to Termination?

At-will employees and contracted employees mainly differ in the process an employer must follow to terminate their employment. An at-will employee can be terminated for any reason, or even for no reason at all (with some legal exceptions). Meanwhile, contracted employees are protected by a written agreement or a union contract against arbitrary termination.

Knowing your employment classification helps you approach being terminated while on workers’ comp wisely. You can also consult with a lawyer to determine what you need to do next, whether it’s seeking benefits, gathering documentation, or filing a legal claim against your employer for unlawful termination.

Can I Be Fired if I Return to My Job with Work Restrictions from the Doctor?

You can’t be fired if you return to your job with doctor’s restrictions. In fact, when returning to your work after an injury, your employer is expected to provide light-duty work or other modified tasks that align with your medical condition. If there’s no job open that fits your restrictions, your employer may wait until you’re cleared to return to work on full duty. Whatever the solution is, your employer can’t legally fire you because of your injury or medical limitations.

If you’re fired after an injury at work or because of your restrictions, it could be considered wrongful termination due to work injury, which is illegal, and you will need to seek legal advice immediately.

Can You Still Get Workers’ Comp if You Get Fired?

Yes, usually, you’ll be able to receive workers’ compensation benefits even if you get fired, but this depends on why you’re terminated in the first place. If you were let go for reasons unrelated to your injury, you’ll continue receiving benefits like temporary total disability benefits and coverage for medical costs. However, if serious misconduct leads to your termination, your eligibility could be challenged by the insurance provider. Still, many injured workers remain entitled to compensation as long as their claim was valid.

If you’re comparing coverage options, read our breakdown: Workers Comp vs Short-Term Disability: Key Benefits & Full Guide

How Can I Prove I Was Wrongfully Terminated?

Review your termination details and employment contract thoroughly.
Gather all the documents related to your employment, termination, and workers’ compensation claim. These documents include emails, texts, performance reviews, medical records, and your termination letter.
Look for discrepancies between your employer’s reason for firing you and your actual performance feedback or KPIs.
Once you have enough documents to support your case, contact a workers’ comp lawyer or employment attorney to help you understand your rights and assist you with your claim.
Continue seeking your benefits because even if you were fired, you may still qualify for medical benefits and temporary total disability benefits.

What Happens if I Get Fired While on Workers’ Comp – FAQs

Does workers’ comp still pay if you get fired?

Yes, in most cases, workers’ comp still provides your benefits as long as your claim is valid, no matter what your employment status is after the injury.

What not to say to a workman’s comp adjuster?

You should never say the following things to a workers’ compensation adjuster:

“It was my fault.” This can be used to deny your claim.
“I’m not really that hurt.” Underestimating your injury may hurt your case.
“I don’t have a lawyer.” This may lead them to pressure you into a quick settlement.
“I had a similar injury before.” This might lead them to question whether your injury is work-related.
“I just want to settle quickly.” This could result in you receiving less than you should.

Can I lose my job because of an injury?

No, your employer doesn’t have the right to fire you for getting injured or for filing a workers’ compensation claim. If this happens, you should take immediate legal action.

Can you be demoted while on workers’ comp?

Your employer can demote you while on workers’ compensation only if there’s a valid business reason behind it, like poor performance or violation of the company’s policies. However, it’s illegal for them to demote you for being injured while performing your job duties.

Can I be fired for work restrictions?

No, it’s illegal for your employer to fire you for having work restrictions from your doctor. Employers are required to provide reasonable accommodations if possible.

Do I lose workers’ comp if I quit my job?

You won’t lose your workers’ compensation medical benefits if your injury occurred while you were still employed and your claim was valid. However, you may lose other benefits, such as temporary total disability benefits. Before quitting your job, we recommend consulting with a workers’ comp attorney to know where you stand.

How long can someone be on workers’ comp?

The period someone can be on workers’ comp depends on the severity of the injury and state laws. Temporary total disability benefits can last up to 104 weeks (2 years), while permanent disability benefits may last longer. Regarding your medical benefits, you’ll continue receiving them till you reach maximum medical improvement (MMI).

What if my doctor sends me back to work full duty, but I’m still hurting?

If your doctor clears you to return to full duty, but you’re still in pain and it lasts for several days, don’t ignore your symptoms. You should request a second opinion or schedule a follow-up with your doctor to discuss your situation. Returning to work while you’re still hurting can worsen your medical condition and affect your workers’ comp benefits.

Can my employer fire me if I get injured outside of work?

Yes, if you’re in an at-will employment state, your employer can fire you for non-work-related injuries. But if your injury is a disability under the Americans with Disabilities Act (ADA), your employer will have to explore reasonable accommodations before terminating your contract.

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