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Can You Lose Your Job While On Workers’ Compensation?
February 18, 2021
Can you actually lose your job while you’re on workers’ compensation? One primary concern of many employees regarding filing for a workers’ compensation claim is their employer firing them. There is a general belief that asking their employer for their benefits could make them lose their job.
This concern has made some employees scared to request their lawful workers’ compensation. This should not be so because your workers’ compensation is your right as an employee in an organization.
Workplace injuries can incur a lot of expenses. And as such, it is your employer’s job to make sure you get your compensation. Working with your employer means you have a right to the coverage, which this insurance gives you.
Getting a Massachusetts workers’ compensation lawyer is necessary while filing your claim. Your attorney will make sure insurance companies do not cheat you in any way. And they could represent you during and after your case. This article answers some questions you might have concerning how your workers’ compensation might affect your job.
Workers’ Compensation in Massachusetts
Massachusetts necessitates that employers must protect their employees. Every establishment with more than four employees should have one. However, construction businesses must cover all employees, even if they are less than four.
The workers’ compensation insurance protects both employees and employers alike. Established in 1935, Massachusetts implemented the workers’ compensation insurance to minimize the risk of on-the-job injuries.
For employees, the insurance helps cover their expenses and lost wages. The workers’ compensation also protects the employers from future lawsuits. Essentially, this type of insurance is a win-win for all parties.
Additionally, Massachusetts’s laws allow self-employed workers to have workers’ compensation insurance. Workers with high-risk jobs are not restricted, nonetheless. A workers’ comp lawyer in Massachusetts can explain better.
Can You Lose Your Job While on Workers’ Compensation in Massachusetts?
Legally, you cannot lose your job. Again, your workers’ compensation is your right as an employee in Massachusetts. And so, your employer or employers should not terminate your appointment because you were demanding your rights.
However, you can lose your jobs for other reasons, even while you are on workers’ compensation. These reasons could include insubordination, poor work ethics, financial problems, etc.
If you are an “At-will” employee, your employer could fire you at any time. At-will employment also means you can quit when you wish. Even if you are still recuperating from your injury, your employer can fire you, as long as it is not because of your workers’ compensation claim.
Your “At-will” employment allows this to happen, so it is an authorized action. Furthermore, if you are back to work and are working on restrictions, you can still be fired. But only if your employer’s reasons for firing you do not include your benefits.
However, your appointment termination often does not affect your workers’ compensation benefits. As long as you are still healing from your injury, you will continue to enjoy the benefits.
And even if your workplace injury leaves you permanently disabled, you will continue to enjoy your benefits. Being fired most times does not reduce or increase your benefits. Speak to a workers’ compensation lawyer in Massachusetts.
What To Do If You Lose Your Job While on Workers’ Compensation
Revengeful termination, in this situation, occurs when your employer fires you for asking for your workers’ compensation. This also includes being fired because you reported a workplace injury. These are against Massachusetts’s laws, and you can contest them in a court of law.
If you think your boss fired you because you demanded your workers’ compensation, contact a workers’ comp attorney immediately. Your chosen attorney will then conduct a thorough investigation.
If your employer is guilty of a retaliatory termination, you can then file a lawsuit against them for discrimination. However, you need concrete evidence that shows your employer fired you primarily because of your claim. This is why you need an experienced attorney to help you during your case.
The Law Office of Robert C. Shea, P. C. Can Help You With Your Workers’ Compensation Claim
If you suspect that your employer has fired you because you filed for a workers’ compensation claim, contact a Massachusetts workers’ comp attorney immediately. At The Law Office of Robert C. Shea, P.C., we are committed to ensuring that you get the justice you deserve.
Your employer firing you for asking for your rights is illegal and is discrimination against you. We at The Law Office of Robert C. Shea, P.C. care about you and your legal needs. This is why we do not request an upfront fee from you for any of our services.
Moreover, we offer free consultations. We are always ready to help you through every stage of your case. You can rest assured that our services are transparent and very professional. We have your best interests at heart. Contact us now.