It’s unfortunate to be in an accident. It’s more unfortunate to sustain serious injuries that disable a person to perform duties at work. However, what’s most unfortunate is when that same person has no more work to go back to after the workers compensation.
That new reality might be crushing to the economic status of the worker’s family, not to mention the mental and emotional damages.
Imagine getting banged up by an accident that you’re not at fault of. Now, imagine yourself as the biggest loser after losing the very job that supports you and your family. It’s a complicated situation to be in, yet it happens. Can you find legal restitution for this unfair treatment?
There’s a fine line that determines whether the employment termination is illegal or legal. Now that you’re in this situation, the first thing you must know is that the majority of the states in the US do not require reinstatement after a worker files for compensation leave. However, it’s illegal to fire you because you were injured at work or that you filed for a worker’s compensation leave. This is why it’s crucial to find out the reason for your termination.
If your physician advised against your going back to work, and the delay is leaving your employer with no choice but to hire a replacement, it is legal.
Moreover, if the employer can prove beyond a reasonable doubt that you displayed poor work performance or employee misconduct, the termination is legal. The employer, however, must prove that these displays of impropriety, have existed before your filing of the workers compensation.
You can nullify your termination if you can prove that the dismissal was rooted in the work-related injury or because you filed the workers compensation leave.
In some states, there are specific provisions that make termination illegal. For example, firing someone from work because they’re still healing from a sustained injury is illegal in Oklahoma. In the States of Massachusetts, the injured employee who reapplies for a position in the company should be given preferential treatment over other applicants. Utah, on the other hand, is a no-fault state, which means that an injured worker will avail compensation for lost wages, medical expenses, and permanent impairments regardless of who caused the injury.
In Idaho, there is a specific list of employees that are exempted from workers compensation. Talk to an Idaho-based attorney for this.
If you sustained the injury because of the nature of your work, you are protected by the Workers Compensation Benefit. Terminating you because you’ve been injured from work is not only illegal; it is counterproductive.
The Americans with Disabilities Act or ADA also offers protection to employees who were injured at work. This act compels a company to award reasonable compensation to the injured employee.
You should hire a workers comp attorney. His or her invaluable knowledge about workers compensation can prove to be a viable asset that will help get you more than what you deserve. If you need help finding an excellent workers compensation leave attorney, visit or call the offices of Davis and Sanchez in Idaho and Utah.
We have over 20 years experience getting our clients their most deserved benefits. The lawyers from Davis and Sanchez also help in the retention of many employees who have suffered injury from work. If you think you need legal help, call the expert attorneys from Davis and Sanchez now so that you will get the best results afforded by law.
Not sure if you actually have a case? No problem. Download our free PDF and find out if you have a solid workers comp case. The PDF is 100% free and will be immediately sent to your email inbox.