This article was updated on 9/9/2024
A compensation claim for workers exists to safeguard their rights in an accident. There is nothing wrong with seeking compensation from your employers, since accidents can result in loss of income. This is important, especially if you are working in high-risk environments. However, what happens to your worker's compensation after you get fired or laid off?
What happens when you get laid off?
Lay-offs can occur because of budget cuts, downsizing, or unforeseen economic downturns. If you were injured while working and received benefits before being laid off, you are still entitled to receive them. However, this is not the case in certain situations.
You also don’t have to worry about not receiving benefits if your company files for bankruptcy. The reason is, the damages awarded to you will be paid by your former insurance company. It will only be a problem when the insurance company experiences financial troubles or declares bankruptcy.
If you had a full recovery or had to experience therapy sessions before you were fired, you might not receive benefits. Even if you were not fired, you might stop receiving them. You also might not continue to receive your compensation benefits if you were fired due to disciplinary actions.
Is It Legal to Fire an Employee Due to Filing a Compensation Claim?
Anyone injured in the workplace can claim compensation from their employer. Firing you because you asked is illegal. Your employer must provide justifiable reasons for terminating you. Your submission of a comp claim is not grounds to fire you.
If you feel you were terminated for filing your compensation claim, examine the compensation law for remedies. You may also file a civil claim against your employer. Talk to a lawyer since they know the law and can advise you on your next steps.
The Problem
Getting fired from a job without justifiable reasons is illegal. However, you have to know that employees are hired on an at-will basis. This means an employer can terminate an employee for a reason or none.
Yes, it is unfair, but this is the reality: they can fire you and eliminate your position without you saying it. But, if you have a contract, it may offer protection. That is, it has a list of acceptable reasons for terminating it. Once they fire you for other reasons not included, you can claim a breach of contract.
Final Thoughts
The solution to all your woes is to ask for legal help from a qualified attorney. They have studied and practiced the law for years, which means they can offer legal advice to your situation. They can even help you file an appeal, so talk to your local attorney.
Compensation is a big problem that attorneys in Northern CA can help with. Pacific Workers is the best firm to help you with your compensation claim. Contact us for a free consultation at 888 740 6434.
About the author
Introducing Bilal Kassem, the visionary leader of Pacific Workers. His unwavering commitment to excellence, empowering others at the core of our organization. With a flair for creativity, Bilal infuses fresh ideas into every initiative we take.
Drawing inspiration from captivating stories like “Goosebumps”, he guides our team with determination. Beyond his professional endeavors, Bilal embraces the great outdoors. As a result, relishing adventures such as backpacking and exploring uncharted territories. Sushi is his preferred treat, nourishing both his body and spirit.
In his free time, he enjoys hitting the gym and indulging in blockbuster films. Also, he finds motivation in the legacies of historical figures like George Patton. By leading with empathy, Bilal fosters a supportive atmosphere. This is why every team member feels empowered to excel.