Can My Employer Fire Me While I’m on Workers’ Compensation?

Unfortunately, some individuals who are injured on the job may never file a workers’ compensation claim out of fear of being fired in retaliation.  The good news is that legally, your employer cannot fire you simply for filing a workers’ compensation claim.  However, they can fire you while you are out using workers’ compensation, as long as they can prove that they are not firing you because of that claim.

Virginia is an “at will” State.  This means an employer can fire or let go their employee for no reason at all as long as it does not violate EEOC or ADA laws.

Your employer can fire you for any number of legal reasons, even if you are currently out on workers’ compensation.  However, even if your employer fires you and you are receiving workers’ compensation then you are still entitled to your workers’ compensation benefits and payments until you are fully recovered or have achieved what physicians call your maximum medical improvement (MMI).    You could possibly be entitled to receive payments and/or benefits past MMI.

When you reach MMI, your physician will typically assign you a set of work restrictions.  If your employer cannot meet these restrictions and you are still on their payroll then they have the option of assigning you an alternate job sometimes known as “light duty”.

While you may not have reason to believe that your employer would fire you while you are out on a workers’ compensation claim, attorneys advise that you always cover your bases.  You should create a file and keep detailed documentation of all aspects of your work injury and your recovery, including your claim paperwork, medical records, and any emails exchanged between you and your employer.  This will form the basis of your case should you find that you do need to have an attorney involved.