Most workers’ compensation statutes only prohibit the termination of an employee in retaliation for filing or attempting to file a workers' compensation claim or for testifying at a workers’ compensation hearing. You must be able to perform the main duties of your position for your employer to be obligated to provide work for you that falls within your restrictions due to a work-related injury.

That said, if you can’t work at all and are still receiving workers’ compensation benefits, your employer will not be likely to fire you without knowing that you have reached what is called “maximum medical improvement.” If you have reached maximum medical improvement (or M.M.I.) and cannot go back to your previous duties, then you might be subject to termination. However, if you can perform the essential duties of your job with accommodation, and your employer fires you because of your disabling condition, you may have recourse to claim a violation of the Americans with Disabilities Act (ADA).

If you are fired, your workers’ compensation benefits should not be affected by your termination. If you are unable to do your previous job, you should be eligible to receive vocational benefits, including retraining for a different type of job. Your workers’ comp benefits should continue until you are able to go back to work at a job with pay that is substantially similar to your previous wage.

(Reviewed 9-08)