Michigan workers’ compensation lawyer provides answers to the question “can you be fired while on light duty?” and explains your legal rights.
We hate seeing bad things happen to good people. Unfortunately, this seems to be a theme in our workers’ compensation system. It is common for employees to be collecting workers’ compensation and get fired while on light duty. Here are some examples of recent cases that we took on and hope it provides some insights should you face similar circumstances.
A nice woman called our office and explained how she was on workers’ compensation and fired while on light duty. She was still dealing with the consequence of a workplace shoulder injury. Apparently, her company went bankrupt and was purchased by a new company that wanted to get rid of all their partially disabled employees. She was told to hit the road and not given any wage loss benefits. We got her a lump sum cash settlement.
A young man suffered from a serious back injury. His employer initially gave him full-time hours at a desk job and paid his wages. It slowly diminished to part-time employment until his employer just gave up on him. He was on workers’ compensation, fired, and told to find another job somewhere else. He is now working with a vocational counselor and no job has been identified within restrictions.
Laid off while on light duty
Employers are given an incentive to bring disabled employees back to work. They do not have to pay lost wages if they provide a job within restrictions. This is called “reasonable employment” or “light duty.” Wage loss benefits should be paid if an employee is laid off or fired.
Failure to accept reasonable employment or light duty will result in a forfeiture of wage loss benefits under workers’ compensation. However, it must be a job that is a reasonable distance from home that poses no danger to health or safety.
Problems occur when the employer no longer wants to accommodate restrictions. They can send people to an independent medical examination (IME) and get a written medical opinion saying restrictions are no longer necessary. The employee is then given a choice of returning to unrestricted work or losing their job. Essentially, work in pain or starve.
It is very important to speak with an experienced lawyer about workers’ compensation when fired on light duty. A lawsuit can be filed seeking additional wage loss benefits based upon treating medical evidence. Most of these cases are eventually settled for a lump sum cash payment.
Can you be fired while on light duty under workers’ compensation?
In Michigan, you can be fired while on light duty under workers’ compensation unless protected under federal law or an employment contract. The law does not guarantee employment when you are hurt on-the-job. However, wage loss benefits must still be paid while you are disabled.
Bad employers try to escape paying wage loss benefits by making up a pretext to fire someone. If an employee is fired because of their own fault, it will be argued that no wage loss benefits are owed because they removed themselves from the job. This is very common when an employee fails a drug test, violates a safety rule, or has attendance problems. We have also seen it when past employment issues are suddenly resurrected and used as an excuse to terminate employment. If you on workers’ compensation and fired while on light duty, call a lawyer right away.
We all know that employers can find any excuse to fire someone. It is important to challenge bad actions and hold the employer accountable. If you were fired while on light duty it may be possible to file a separate lawsuit for wrongful termination and seek additional damages. This is especially true if an employee was retaliated against for simply asking for workers’ compensation benefits under Michigan law.
Injured while on the job? Contact our lawyers for a free consultation
If you were on workers’ compensation in Michigan and were fired while on light duty, call now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in the state for more than 40 years and can help you better understand workers’ comp laws and what happens after someone has been hurt on a construction site. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (844) 316-8033 for a free consultation today.
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