How Long Does an Employer Have to Hold a Job for Someone on Workers’ Compensation?

Workers’ compensation is a vital safety net, providing medical benefits and lost wage compensation for injured employees. When you’re not working due to receiving workers comp, it’s natural to think about job security—especially if your recovery needs time—and whether your employer is obligated to hold your position until you can return.

The rules around this can be intricate and challenging to navigate. But with the support of the experienced Chicago workers’ compensation attorneys at Rosenfeld Injury Lawyers, you can gain a clear understanding of your job protection rights and options.

Is Your Employer Required to Hold Your Job During Workers’ Compensation?

Employers are not generally obligated to hold an open job for an injured worker on compensation leave. In some states, they are also not required to offer the same job when the employee returns. Companies may fill or eliminate roles during an extended period of absence for valid business reasons like:

• The role is essential and cannot remain vacant.
• A replacement is needed to prevent operational delays or disruptions.
• Workforce reductions or cost-cutting measures are implemented.

However, employers cannot fire or retaliate against employees simply for filing a compensation claim. Terminations must be based on valid business justifications. Protections against retaliation are embedded in workers’ compensation laws in most states.

Scenarios That May Trigger Job Protection

In certain situations, other laws or agreements may offer job protection while an employee is on workers’ compensation.

The Family and Medical Leave Act (FMLA)

Under FMLA, employees can take up to 12 weeks of protected but unpaid leave for severe medical conditions, including injuries. While FMLA protects an employee’s job during the break, not all employers or employees are covered.

The employer must have at least 50 employees, and you, as the employee, must have worked for a minimum of 12 months and at least 1250 hours.

Additionally, the leave must be for a severe health condition, to care for a family member with a serious health condition, or another specific family-related legitimate reason.

Americans with Disabilities Act (ADA) Considerations

If the work-related injury results in a disability covered by the ADA, the employer must provide reasonable accommodations. These include modifying job duties, adjusting work schedules, or providing assistive devices.

However, the ADA does not guarantee indefinite job protection. The employer may terminate the position if accommodations cannot allow the employee to perform essential functions.

Potential Impact of Collective Bargaining Agreements

Employees covered by union or collective bargaining agreements may have specific job protection clauses. These agreements can offer additional security beyond what is provided by workers’ compensation laws, ensuring the employee’s position or seniority is protected during their leave.

Wrongful Termination Claims

If an employee believes they were fired or laid off in retaliation for filing a workers’ compensation claim, they may have grounds for a wrongful termination lawsuit.

Our lawyers can assess your case, explain your rights, and take a stand if it warrants job protection. They can also guide you on how to communicate with your employer and what evidence to gather to support your case.

How to Keep Communication Open with Your Employer

Open and honest communication with your employer can be a powerful tool in retaining your position.

• Let your employer know that you intend to return.
• Provide regular updates on your progress and any medical status changes that may affect your return date.
• Provide documentation to verify your claims.
• Ask the employer if they will hold your position till recovery.
• If applicable, be transparent about any workplace accommodations.

Our attorneys can help you with this process and protect your interests.

What Do Workers’ Compensation Benefits Cover if You Lose Your Job?

Workers’ compensation supports ill or injured workers with work-related issues. It provides essential financial support, even if you lose your job, and is separate from job protection rights. For most workers, it typically covers:

• Medical Treatment: Includes financial compensation for medical necessities such as hospital stays, surgeries, doctor visits, medications, and physical therapy.
• Wage Replacement: Compensates for lost wages due to your inability to work.
• Disability Benefits: Offers benefits for temporary partial or permanent total disability resulting from a work-related injury, ensuring financial support if one’s ability to work is significantly impaired.

Sometimes, you might be eligible for vocational rehabilitation services to help you return to work or find new employment.

Understanding these laws exist to support you without worrying about working is essential. Never avoid filing a claim due to job security concerns.

Can Your Employer Fire You for Filing a Workers’ Compensation Claim?

Employers cannot legally fire injured workers solely for filing a claim under the workers’ compensation law. Such actions are considered retaliatory and are prohibited by federal law.

Contact our legal team if you suspect your termination was linked to your workers’ compensation claim. We can investigate your situation and help you seek compensation for wrongful termination.

How to Identify If Your Job Loss Was Related to Workers’ Compensation?

Proving wrongful termination can be complex, often relying on circumstantial evidence. Here are signs to watch for:

• Statements from managers that suggest your termination is related to your workers’ comp claim.
• No legitimate reason is given for your termination.
• Suspicious timing, especially if it is shortly after filing a workers’ comp claim.

If you believe your job loss may be related to your claim, here are crucial pieces of circumstantial evidence that can help build your case:

• If your performance reports falsely document your rating for job duties before and after the claim.
• If other employees with similar issues weren’t fired, but you were, it might suggest retaliation.
• Increased scrutiny or a sudden focus on minor issues after your claim could be a red flag.

If you notice these signs, document your evidence and consult an attorney.

What to Do If You Believe You Were Wrongfully Terminated

If you suspect you were fired because of filing a workers’ compensation claim, it’s essential to consult with us at Rosenfeld Injury Lawyers. Here’s how we can assist you:

Investigate the Situation

We will thoroughly review your employment records, termination details, and any communications regarding your workers’ compensation benefits. Our goal is to identify any inconsistencies or patterns that suggest retaliation.

Gather evidence

Our team will help collect crucial evidence, including performance evaluations, witness statements, and relevant documentation. This evidence can demonstrate if your termination was related to your claim.

Assess Legal Options

After reviewing the evidence, we will evaluate and explore the available legal options. Cases are often settled through mutual negotiations.

File a Claim

We can assist in filing a formal complaint or lawsuit against your employer. We will manage the entire legal process, from drafting the claim to representing you in negotiations or court.

Consult Expert Workers’ Compensation Attorneys!

If you have been wrongfully terminated due to a workers’ compensation claim, seeking legal assistance is crucial. Rosenfeld Injury Lawyers is available 24/7 for a free consultation. We have an extensive record of successful settlements related to workers’ compensation and are here to help you as well.

Contact us at (888) 424-5757 or our online form today for personalized support!

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.