With the current economic circumstances that our state is facing it is no wonder that it may be on the mind of some who are receiving workers' compensation about whether they would be immune from being laid off or not.
When considering whether an employer has the right to lay you off while on workers’ compensation it is important to know the intent of the employer. If you are laid off BECAUSE you are out on a workers’ compensation claim that may be found to be retaliation and that is not allowed. However, if layoffs happen while you’re out and your position happens to be eliminated that may be allowed under the law.
Let’s say for instance you worked at a grocery store and threw your back out while stocking shelves. You’ve been out on workers’ compensation for a few weeks and still have two months of it remaining. Then a major shakeup at the grocery chain lands you and a number of your co-workers out of a job. Is this allowed? In most cases it would be allowed. Now say, no one else gets laid off and you are let go all by yourself, that may need to be investigated as retaliation.
It is not allowed for employers to retaliate against you for any reason relating to your workers’ compensation claim. This is a large fear of people who do not want to file a claim for fear that they would lose their jobs, but you have protections under the law.
If you feel that you may have been laid off for a retaliatory reason, you might want to speak with a board certified workers’ compensation attorney. One of our experienced and board certified attorneys can review your claim.
