Worker’s Compensation Rights
As a worker who has been hurt on the job and is receiving workers compensation, you have certain rights to protect the stability of your job. If you’ve been out of work on workers compensation and your employer tries to fire you or eliminate your position, it is best to know your rights.
Your employer is not allowed, under the workers compensation statute, to eliminate your job because you are receiving worker’s compensation. It is against the law. However, your company can eliminate your position if they deem your position null and void. If they are eliminating the position altogether, they may have a case.
When a position is being eliminated while a worker is exercising their rights to worker’s compensation, certain questions need to be asked. First and foremost, you’ll need to know if you are the only one being eliminated and whether or not someone else will be doing your position. Next, you’ll need to ask for documentation to determine why the position is being eliminated. Lastly, you might want to look into whether the company has treated others in their company similarly when they were exercising their rights to workers compensation.
If they are eliminating more than you, for example a whole department, then they are protected to do so, because it is more probable that you are not being targeted for worker’s compensation, but that the company is making changes that have nothing to do with your case.
There are many things to take into account when determining if your rights are being violated. Many states have different laws, so consult your local worker’s compensation laws to determine if you are being treated fairly.
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Your employer is not allowed, under the workers compensation statute, to eliminate your job because you are receiving worker’s compensation. It is against the law. However, your company can eliminate your position if they deem your position null and void. If they are eliminating the position altogether, they may have a case.
When a position is being eliminated while a worker is exercising their rights to worker’s compensation, certain questions need to be asked. First and foremost, you’ll need to know if you are the only one being eliminated and whether or not someone else will be doing your position. Next, you’ll need to ask for documentation to determine why the position is being eliminated. Lastly, you might want to look into whether the company has treated others in their company similarly when they were exercising their rights to workers compensation.
If they are eliminating more than you, for example a whole department, then they are protected to do so, because it is more probable that you are not being targeted for worker’s compensation, but that the company is making changes that have nothing to do with your case.
There are many things to take into account when determining if your rights are being violated. Many states have different laws, so consult your local worker’s compensation laws to determine if you are being treated fairly.
Return to:
Additional Entries
Workers compensation workers comp - who decides if you get it?
Workers compensation workers comp - is there a statute of limitations
Workers compensation workers comp - how do you start the process?
Workers compensation workers comp - what jobs are not covered?
Workers compensation workers comp - who pays for benefits?
Workers compensation workers comp - mental psychological conditions
Workers compensation workers comp - independent contractor
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