Were you in a situation where you were receiving workers' compensation but were fired by your employer? It will help to know more about this unique situation.

You May Be Eligible To Receive Workers' Compensation If Fired Without Cause

An issue that injured employees may run into is being cleared to return back to work from an injury but not in a capacity that puts you back at where you need to be to resume your old job. Your employer is responsible for finding a new position for you to resume working in a lighter capacity. However, if the employer cannot find a job for you that is at a limited physical capacity, then you may run into a situation where they fire you because they don't have a job for you and cannot accommodate you.

What will happen after being fired is that you will still be allowed to receive workers' compensation. You will actually continue to receive workers' compensation payments until you are back to 100% and can resume work at the same level that you were at before the injury happened. You won't necessarily have to return to a light-duty job with another employer right away. 

You May Lose Workers' Compensation If Fired With Cause

Be aware that it is possible to lose your workers' compensation benefits if you are in a situation where you are fired with cause. It's unfortunate, but your employer may be looking for reasons to justify firing you and make returning back to work in a lighter capacity as difficult as possible. It's important that you try your best to perform your light duties after returning to work so that you can continue receiving workers' compensation, even if you do not enjoy your new role in the company. You do not want to give your employer any justified reason to fire you with cause.

You May Be A Victim Of Workplace Retaliation

If you could work in a reduced capacity at your employer and you were fired anyway, you may be able to sue your employer for retaliation against you for filing for workers' compensation. This includes having disciplinary actions taken against you that are not justified, having your pay lowered while working on light-duty, or being unjustly fired from your job. It will be best to work with a workers' compensation lawyer to handle a workplace retaliation lawsuit, which can be quite complicated to prove.

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