Yes, you can get fired while on workers’ compensation.
In D.C., Virginia, and Maryland, employers cannot fire you for filing a workers’ comp claim. That’s called retaliation, and it’s illegal.
But your employer can still let you go for other reasons if you’re an at-will employee.
That means they might say they need to fill your position. If you’re seriously hurt, your doctor might say you can’t go back to your regular job. That includes lifting, standing, or doing physical work.
If that happens, your workers’ comp case doesn’t end.
The insurance company still has to pay you benefits and cover your medical treatment if you’re unable to work.
Being fired does not cancel your case — but it can make things more complicated when it comes to settling or managing the claim.
What are the rules about working while on workers’ comp in D.C.?
You have to be careful.
If your doctor says you can return on light duty or for lower pay, you may still qualify for partial benefits. But if you’re getting full workers’ comp benefits for being totally disabled, you cannot work another job at the same time. That’s fraud.
If the insurance company thinks something is off, they may put surveillance on you. They do this all the time. Don’t risk your case.
How do partial disability benefits work?
Let’s say you usually earn $1,000 a week. You go back on light duty and earn $700.
You’d get $200 in workers’ comp benefits. That’s two-thirds of the difference between your regular and new wages.
Every week, this could change. That’s why our team keeps track of your wages and updates the insurance company so you get paid correctly.
Should you go back to work?
We get it. Most people want to get back as soon as possible. But going back before your doctor clears you is risky. If you re-injure yourself, it could delay your healing and hurt your case.
And if your return to work goes against medical advice, the insurance company may stop paying you altogether.
After a serious injury, what comes next?
If you’re facing surgery or can’t work for a while, you need someone to guide you.We’ll protect your rights and make sure your family is taken care of. Contact us today to get started.
Can you change jobs during a workers’ comp case?
Yes. If you find a job that fits your doctor’s restrictions, you can take it. Your workers’ comp case follows you. If that new job pays less, you can still receive benefits to make up the difference.
We’ll help make sure that happens.
But don’t go back to work — anywhere — without your doctor’s approval. We’ve seen too many workers try to tough it out and end up worse off.
Our top priority: keep your benefits steady and your treatment authorized
Whether you’re on light duty or completely out of work, you’re entitled to workers’ comp benefits.
And if you need surgery or extended time off, attorney Frank Kearney can help.
He knows how to deal with the games insurance companies play — delaying checks, stalling treatments, and dragging their feet.
Our team handles all of that for you.
Still worried? Let us take the pressure off.
You’ve got enough on your plate. Rehab. Recovery. Bills. Uncertainty.
We’ll take care of the insurance, legal paperwork, and deadlines.
