Workmans comp lawyer says no, but there are things to you can do to keep your job and protect yourself if you’re unfairly terminated
Many people want to know if they can lose their job while seeking workers compensation benefits. Read on to learn why your employer does not have to hold or protect your job while you’re on workers’ comp in Michigan, and what you can to do protect yourself if you’re unlawfully terminated.
If you feel you’re being treated unfairly by your employer, or you’re just curious about your legal rights, call (844) 345-0952 to speak with one of our workmans comp lawyers today. You can also fill out our free contact form. The call and the advice are free.
Does my employer have to hold or protect my job while on workers’ comp in Michigan?
In Michigan, your employer does not have to hold or protect your job while you are on workers’ comp benefits. Unfortunately, you can lose your job by being fired or laid off at any time.
It is an understatement to say that a work injury can be difficult. This is especially true when an entire family is relying on a sole breadwinner for financial support.
Workers compensation is not a perfect system, because it is a compromise between employer and employee interests.
Here’s more information on employer responsibility regarding workers compensation in Michigan.
What does my employer have to do if I’m hurt at work?
If you are hurt at work, you get workers compensation benefits regardless of fault. You are entitled to lost wages, unlimited medical treatment, and vocational rehabilitation. Sadly your employer doesn’t have to hold or protect your job while you are on workers’ comp which means you are not guaranteed to keep your job or to have future employment.
Your employer does not have to keep your job open and can fire you at will. This is common if your work restrictions prevent you from returning to work for an extended period of time. Many employers will keep your job available but will eventually need to fill your position.
If an employer won’t hold or protect my job while on workers’ comp, is ther anything I can do to help keep my job?
Our workers’ comp lawyers find that if you have an open dialogue with your employer, it’s more likely that they will hold or protect your job and it will remain available when you are ready to return to work. Keep your employer informed about your work status and return any documentation that they request from your doctor.
This can be difficult when a workers comp claim has been denied and you are involved in a lawsuit. It is a good idea to have a Michigan workmans comp lawyer help you with these issues.
For help from an attorney now, call us at (844) 345-0952.
Does workers’ comp protect your job?
In Michigan, there’s nothing in the workers’ comp law that protects your employment status or says your employer can legally hold or protect your job until you you recover from your work-related injuries. If you come back to work, you are not guaranteed a specific job or rate of pay. You will be entitled to differential wage loss benefits if your work injury prevents you from earning full, pre-injury wages. Differential wage loss is the difference between what you are earning now and what you could earn before the injury.
Can I be fired for claiming workers comp?
While an employer is not required to keep hold or protect your job while on workers’ comp, you can’t be fired or discriminated against just for claiming workers compensation benefits. This is a violation of Michigan law and you can receive additional compensation beyond what workers compensation pays.
For instance, our workmans comp lawyers represented an individual who worked for a major automotive manufacturer. He was a new hire and was hurt on the job. His workers compensation benefits were denied, and he was terminated a few days later without explanation. This was good circumstantial evidence that his employer retaliated against him for filing a workers’ comp claim. We successfully recovered workers compensation benefits and additional compensation for wrongful termination.
What can I do if I was unfairly terminated?
Employers and insurance companies often will play dirty with work compensation claims. You may be asked to have your work restrictions lifted so that you can come back to work against your doctor’s wishes. You could then find yourself fired or laid off without any recourse. But your health and safety should always come first.
If you believe that you were terminated unfairly due your injuries from a workplace accident, it’s important to speak with an experienced workmans comp lawyer to evaluate your situation.
Are there other laws that protect injured employees?
Your job could also be protected by federal law. Your employer may have legal obligations under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). These are federal laws that protect employees with serious health conditions and disabilities from losing their employment.
It is also possible that your job is protected by an employment or union contract. Have an attorney review your specific situation anytime you have problems with your employer.
Injured on the job and wondering if your employer can hold or protect your job while you are on workers’ comp? Call our attorneys now!
If you have questions about your claim and if your employer can hold or protect your job while on workers’ comp, call now (844) 345-0952 to speak with an experienced workmans comp lawyer today. We’ve been protecting people injured at work for more than 40 years.
Our attorneys can explain all of your legal rights and answer your questions, and there’s no charge or obligation. You can also fill out our free consultation form.