You pay nothing until we win
by Matthew C. Andrew - September 9th, 2024
Employers sometimes fire injured workers after a work accident. In most situations, however, an injured worker is still entitled to workers’ compensation benefits. However, there are some scenarios in which an employer fires someone while they are receiving workers’ comp benefits. What happens then?
The Caldwell, ID workers’ comp lawyers at Andrew Injury Law understand the complicated situations that can arise regarding workers’ compensation and job retention. We can help with all aspects of the claim process, including any concerns about your job rights.
In Idaho, you could be entitled to certain compensation benefits if you are injured during the course of your employment due to an occupational disease or injury. The benefits you may be entitled to can include the following:
Your employer cannot terminate your employment because you have filed a worker’s compensation claim. However, suppose your injuries prevent you from performing your designated duties, you did not adhere to company policies before getting injured, or you made mistakes. In such instances, your employer can terminate your employment while you are on workers’ compensation.
If you claim workers’ compensation benefits and then lose your job, your employer might try to end your benefits with your employment. However, some situations allow you to continue receiving the benefits, even if you seek new employment opportunities. As such, it is essential to understand the specific procedures and laws protecting your benefits in Idaho by speaking with a workers’ compensation attorney from Andrew Injury Law.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
You can still legally claim worker’s compensation benefits if your employment is terminated. However, the reason for the termination and when it happens can be integral factors in deciding if an injured employee receives benefits.
Under Idaho Workers’ Compensation Law, your employer isn’t required to keep your job until you can return to regular work duties following an injury. This is because, in most cases, the employer needs to fill the position for business purposes. For instance, if the employer doesn’t have the required number of employees to cover your job while you are away.
However, federal laws like the Family and Medical Leave Act (FMLA) could apply if you qualify, offering up to 12 weeks of unpaid, job-protected leave for serious health conditions. This would depend on the size of the company and the length of your employment.
Keep in mind that your employer cannot fire you in retaliation for filing a workers’ compensation claim or seeking benefits. This is unlawful retaliation and a form of wrongful termination.
At Andrew Injury Law, we provide a free consultation to discuss job termination and Idaho workers’ compensation benefits. So, if you have been fired following a workplace injury, speak to our Caldwell worker’s compensation attorneys today. With convenient office locations in Caldwell, Idaho, our attorneys serve clients throughout the Idaho area and are willing to help. Contact us today.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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