Can I Get Fired While on Workers’ Compensation?
Yes, you can get fired while on workers’ compensation. Most states, including D.C., VA, and MD, have provisions preventing employers from firing employees in response to protected behavior, such as filing a workers’ compensation claim (retaliation). However, this is rarely the issue.
However, your employer can terminate your employment while you have an open workers’ compensation claim for any legal reason if you are an at-will employee (union workers may have protections through their union). Sometimes employers claim they need to fill your position, and with a serious injury, you may be unable to return to your job due to physical limitations imposed by your doctor, such as restrictions on lifting, bending, standing, reaching overhead, and other work activities.
Termination by your company doesn’t end your workers’ comp case. In fact, it has little to do with workers’ comp. The workers’ comp insurance company must still pay your benefits and cover medical treatment while you cannot work due to your injuries.
The impact of termination on your workers’ comp case is often a complicated issue and can affect settlement and other matters. If you find yourself in this situation, reach out to us for assistance in managing your case and securing your future.
What Are the Rules About Working When I’m on Workers’ Compensation in D.C.?
We always advise people to be cautious about working while on workers’ compensation. You may be eligible for partial benefits if you return to work at a lesser role or lower pay, or if you are on light duty in the same position.
But, if you are totally disabled and collecting workers’ compensation (usually called temporary total disability or TTD), you cannot work at a different job and get paid for that. Anyone working and concealing it from the insurance company is committing fraud – remember, the system exists to pay legitimately injured workers, not people who claim they can’t work when they are working. And if you do decide to commit fraud you will be found out because the insurance company will most likely put surveillance on you if they suspect something. It never pays to commit fraud against the workers’ compensation carrier.
If you can work light duty work or in some reduced capacity, you should. You will still get workers’ comp benefits but these will be based on partial disability, and the calculation goes like this: If your normal weekly paycheck (weekly wage) was $1,000.00 and your light duty wages are $700, you would get $200 in temporary partial disability benefits ($1000 – $700 = $300 x 2/3 = $200). Many times, the light duty wages will vary so these benefits have to be adjusted every week. Our staff collects the data, calculates the benefits, and follows up with the insurance company to make sure you get all of the benefits you deserve.
Many people who are seriously injured at work are eager to return, but it’s important to wait until your doctor says it’s okay. Starting with light duty or a different role can help ensure you’re fully healed before taking on heavier tasks. We’ve found that clients who take on light duty or a modified role often continue to receive insurance payments to cover the difference in their earnings. Plus, they often maintain a good relationship with their employer, which is something many workers worry about when they’re not working.
Are You Unsure About What to Do Next After a Serious Injury? Get the Help You Need Now.
If you were seriously injured at work, especially if you need surgery, you probably need an attorney to help you take care of your family and protect yourself from the insurance company. Contact us today, and we will get you started on your road to success in workers’ comp.
You Can Keep Your Workers Compensation Case If You Switch Jobs After A Work Injury In D.C.
A serious work injury in Washington D.C. sometimes means that you don’t go back to work for a long time while you are recovering. That means that if you are an at-will employee, your employer can replace you if you’re not there to do the job. It also means that if you take a different job that fits your work restrictions, your workers’ compensation claim goes with you, especially if you are earning less money. And an experienced workers’ compensation lawyer in D.C. can help you through all of it.
What we don’t recommend is for someone who is on workers’ compensation to go back to work before being cleared by their doctor. We see this all the time – injured workers are always itching to get back to work so they can keep providing for their families and secure their job for the future. The problem with this is that, while their intentions are noble, injured workers who don’t wait to be cleared by their doctor often re-injure themselves and wind up being out of work longer than they would have if they had been patient and followed doctor’s orders.
At the point of re-injury, you have already messed up your workers’ compensation case. Once you are back to work against doctor’s orders, the insurance company has a reason to deny your benefits for non-compliance. And then you can’t work and also are not covered by benefits (income replacement).
At Donahoe Kearney, Our Number One Priority Is To Keep Your Income Benefits Steady And Get Your Medical Treatment Authorized While You Are Off Of Work
Whether you are on full work restrictions or light duty, you are entitled to TTD (income replacement benefits depending on work status) and medical treatment while you are on workers’ comp. If you have been seriously injured, need surgery, and are going to be out of work for a while, you need an experienced and aggressive lawyer like Frank Kearney to keep your income replacement benefits coming and medical treatment authorized.
Most people who don’t have a workers’ compensation lawyer have a lot of trouble with missing checks and long waiting periods in between authorizations for medical appointments or treatments. Our staff doesn’t take any crap from the insurance company and knows how to spot issues like deceit, delay, and denial of workers’ comp benefits so you don’t have to worry about where your check is from week to week.
If You Have Work Restriction After A Work Injury, Contact Our Aggressive D.C. Workers Compensation Attorney Frank Kearney
With a serious injury, you have enough to worry about. Recovery, rehab, new medical bills, worries about your check coming on time, a whole new legal system with new requirements and terms – like light duty and utilization review and vocational rehabilitations and filing the right claim forms can all be overwhelming – so we take care of all of that for you.
Our clients only have to worry about getting better. Contact us today at 202-393-3320.