Anyone can suffer an injury on the job – whether they work in an office or on a construction site. If this happens to you, it is important to know your workers’ compensation benefits will continue until you can get back to work. However, what happens if your employer fires you? Will your benefits stop too?
This is an important topic for many employees – especially during times when jobs are scarce. Our attorneys at Jay Trucks and Associates talk about what could happen in this situation.
If your employer fires you while you are receiving workers’ comp benefits and you need legal advice, our firm is here to help. Contact our law offices anytime, 24/7, to schedule a consultation with one of our Flint workers’ compensation attorneys. The meeting is completely free, and there is no obligation to pursue a claim.
Will My Benefits Stop if I Am Fired?
The short answer to this question is maybe. Michigan law does not require employers to protect your job. This means if they need to fill the position at work while you are out recovering, they are within their legal rights to do so. However, in this situation, your workers’ comp benefits will likely still continue.
If you are fired through no fault of your own, then you may also be eligible to receive the value of other discontinued work benefits, such as:
- Health insurance
- Pension contributions
- Accident insurance
- Housing, food and travel allowances
- Vacation benefits (although this is harder to obtain)
Termination Reasons That Are Not Justified
Michigan is an at-will state, so your employer does not have to give you a reason for letting you go. However, there are some terminations that may be deemed as unjust, including being fired for:
- Notifying your employer about your work accident
- Filing a workers’ compensation claim - within the accepted time frame
- Not continuing to work – or taking a light-duty job that fails to meet your physician’s restrictions
- Seeking legal advice to help you with your workers’ compensation claim
- Obtaining a doctor’s note that excuses you from missing work
In these types of situations, it is likely that your workers’ compensation benefits will continue. However, if you were fired before you filed your claim – or while it is still pending – then your application for workers’ comp benefits could be denied.
Valid Termination Reasons
Whether or not your workers’ compensation benefits will continue after losing your job will depend on the reason for termination. There are times when workers are fired for valid reasons, which may include if you:
- Missed work but neglected to seek medical care after your work injury
- Failed to follow-through on your physician’s plan of care, but continued to miss work
- Neglected to get a doctor’s note to excuse you from missing work
- Were involved in horseplay when you got injured at work
- Misused company equipment or failed to follow safety protocols resulted in your injury
- Turned down light-duty work that meets with your doctor’s restrictions
There may be other valid or invalid reasons for termination. If you get fired while collecting workers compensation benefits, it may be a good idea to speak with an attorney as soon as possible.
Contact One of Our Experienced Lawyers for Help with Your Claim
Our attorneys at Jay Trucks and Associates have decades of experience helping employees obtain benefits after being injured at work. We have extensive knowledge of the law and how it may apply to your workers’ compensation claim.
If your claim was denied or you were suddenly terminated, it is important to act quickly to find out if you may be eligible to continue your benefits. Contact our firm to schedule a completely free consultation - at no risk or obligation to you. If you have a case and we represent you, there are no fees or costs to pay up front.
Free Consultation. Call (800) 762-8623 today.