Workers comp during layoff

Layoffs & Termination During Workers' Compensation Approved Injuries

Workers' compensation claims can be a source of confusion for employees. If you are hurt on the job, you may be under a great deal of stress as you work to recuperate. When an employee is injured on the job, there is a sense of fear that their employer will be angry and want to retaliate. If you are injured at work in California, you don’t have to worry about whether your job will be protected while you recover from your injuries.

California is an "at-will" work state, so employees are free to leave their jobs "at-will," and employers are free to hire or fire "at-will.” However, employers are prohibited from hiring and replacing employees if they don’t have legitimate reasons. Workers could be legally terminated from their position while recuperating from a covered injury for specific reasons.

Here are a few of the instances where an injured employee could be terminated:

• Failure to Meet Obligations

• Company Financing Issues

• Layoffs and Restructuring

Worker’s Compensation Insurance Explained

According to California workers' compensation law, an employer is not allowed to terminate an employee because they suffered a workplace injury and subsequently filed an associated claim. An employee can still be terminated for any other unrelated reason that is not illegal. With a workplace injury, the concern for your lost wages, the potential for long-term injury and disability can leave you wondering where to turn.

While it's not as frequent in some industries, there are fields where employees are met with a frosty reception when alerting their employer to what should be a covered workplace injury. Some employees even find they've been fired while sitting home recovering on a worker's compensation claim. While this seems like it couldn't happen; It does. In a perfect world, it is because you're protected while recuperating on a covered injury. However, the law isn't straightforward when it comes to whether you can be terminated while collecting benefits. There are times when an employer can legally terminate your employment during your recovery.

Workers' Compensation Free Consultation

If you feel like you've suffered an injury at work, contact our Elk Grove workers' compensation attorneys today. California boasts one of the most comprehensive and expansive workers' compensation insurance in the country. It also has the manages the California workers' compensation program, which is one of the largest privatized social program in the world, next to Social Security insurance. Don’t try to navigate such a large system alone. At Samra Dhillon & Associates, we are dedicated to helping workers and their families work through the details of their cases to gain the benefits they are owed. Contact us now at (916) 571-1550 to schedule a consultation to discuss your situation.