If you are an injured worker receiving workers’ compensation payments, you may also be worried about losing your job during the pandemic budget cuts.
Note: This article is a general overview of possible outcomes and should not be considered legal advice. Your situation is unique and should be discussed.
If you were already receiving benefits when you lost your job, you’ll continue receiving them since you were injured while working and approved for benefits while still employed. However, if you were fired for a cause, such as a disciplinary issue, you could lose your benefits. The same applies if your doctor determined you were fully recovered before you were fired, which in that case, your benefits would have stopped anyway.
If your layoff is due to your employer going out of business or filing for bankruptcy, this shouldn’t affect your benefit payments since they are paid out out of the Ohio Bureau of Workers Compensation.
Most employees are hired on an at-will basis, which means employers don’t need a reason to fire them. A company can simply restructure and eliminate your position and there is nothing you can do about it. An exception to this is if you’re under contract, and the contract lists acceptable reasons for firing you. If you’re fired for some other reason, you may have a claim for breach of contract.
Can I Be Terminated for Filing a Workers’ Compensation Claim?
Let’s be clear. It is illegal for an employer to fire you simply for filing a workers’ comp claim and your employer must provide another justifiable reason for your termination, but that doesn’t mean that it doesn’t happen.
If you feel you were terminated solely for filing your claim, you might have additional actions you can take under the workers’ compensation law. In addition to this, you may also have a civil claim against your former employer for wrongful termination.
If you or someone you love was injured at work and was denied workers’ compensation benefits, you might be able to file an appeal. Call Tom Marchese today for your free consultation. Let’s get started.