If my employer terminates my employment or lays me off after I sustain a work injury, am I entitled to workers compensation wage loss benefits?
A. If you sustain a compensable work injury, have returned to work with physical restrictions performing modified or light duty work and then sustain a loss of earnings through no fault of your own, you are entitled to the reinstatement of your workers’ compensation wage loss benefits. To protect yourself in this regard, upon returning to work following a work injury, it is extremely important to document the specific nature of your physician’s recommended physical restrictions and limitations, the fact that you are performing modified or light duty work, and a strong work record. That is, do not give your employer reason to terminate your employment for reasons that would be considered your own fault. If all of the above is documented, your attorney should be very able to demonstrate your entitlement to the reinstatement of workers’ compensation wage loss benefits as of the date of your discharge.
Related Questions
- What benefits am I entitled to after the 1st Report of Accident / Injury form has been provided to the Workers Compensation Insurance carrier?
- Can an employer ever be sued yet still have to provide workers compensation benefits for the same injury or illness?
- My employer refuses to pay workers compensation benefits for my work-related injury. What is my next step?
