Can Your Employer Fire You On Workers’ Compensation?
Many of the employees have experienced workplace injuries. These injuries lead them to a period of resting from home or working at a reduced capacity in the workplace. Fortunately, the laws provide the injured worker to file for worker’s compensation. If you encounter any superior denying you the worker’s compensation, the first step you should take is contacting a Jersey City personal injury lawyer.
Will Your Employer Terminate Your Job On Worker’s Compensation?
Every employee is entitled to a worker’s compensation if they are injured or met with an accident in the workspace. It is within their legal rights to obtain a worker’s compensation for recovering from the incident.
Now, an employer cannot terminate or fire you during your worker’s compensation. It is legally prohibited to terminate an employee who is yet recovering from an accident or suffering damages.
The worker’s compensation program was implemented to protect employees from unethical or dangerous workplace conditions. It was designed to provide prioritized medical care and financial stability without worrying about a reduced paycheck. If any worker is injured at a workplace, they can claim their worker’s compensation without hesitation.
Why Would Your Employer Fire You On Workers Compensation?
Legally, the employer cannot fire an employee during the worker’s compensation. But, some alterations could lead to termination. If any worker is misusing the allotment of worker’s compensation, the employer can lawfully fire the employee resulting in the pretense.
Certain factors would lead to the termination of an employee on the worker’s compensation:
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Weak Performance
If any employees consistently perform poorly before the worker’s compensation or after the recovery, they might face termination. It is mainly because the employer believes that an employee can give the desired results provided they are entirely healthy and safe. Poor performance can lead an employer into firing an employer legally.
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Financial Cuts
Another aspect where the employee could face termination is during the financial trim of a company. If the company cannot afford to keep several employees at a specific salary, it is within their lawful means to terminate an employee during the workers’ compensation
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You Do Not Return To The Job
Lastly, it is within the employer’s right to terminate if you fail to return to your job within a designated timeframe without informing your superiors. If you do get fired before returning to the position without any reason, take assistance from a Jersey City lawyer.