What Happens If I Get Fired While On Workers’ Comp?

Losing your job after a workplace injury adds stress to an already difficult situation. While most injured workers remain entitled to workers’ compensation benefits regardless of their employment status, getting fired while on workers’ comp raises urgent questions about your rights and future benefits.

The Caldwell workers’ compensation attorneys at Andrew Injury Law help clients facing these complex situations. Whether you’re concerned about protecting your benefits, understanding your employment rights, or both, we are here to guide you through every aspect of the claims process with clarity and confidence.

Understanding Workers’ Compensation and Job Security In Caldwell

Workers’ compensation in Idaho is a no-fault system that provides medical care and wage benefits to employees injured at work. In simple terms, it means you don’t have to prove that your employer did something wrong to receive help with your recovery. Once a claim is accepted, benefits can continue even if your job situation changes.

However, job security under this system has limits. Workers’ compensation doesn’t guarantee permanent employment; it ensures access to benefits while you recover. Employers in Idaho can terminate employees for valid business reasons unrelated to the injury, but not as punishment for filing a claim. According to the Idaho Industrial Commission, when an injured worker and employer cannot resolve a disagreement informally, the claimant can pursue a formal resolution under the Judicial Rules of Practice and Procedure established by the Idaho Workers’ Compensation Law. This process ensures that disputes about rights, benefits, or wrongful terminations are heard fairly.

Can You Be Fired While on Workers’ Comp?

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. 

Impact on Benefits if You Lose Your Job While on Workers’ Comp

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.  

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Termination as Retaliation for Filing Workers’ Comp

Getting fired after reporting an injury can easily feel retaliatory, and sometimes it is. Under Idaho law, employers cannot punish or dismiss a worker simply for filing a workers’ compensation claim, as that action may qualify as wrongful termination.

Retaliation often appears in subtle ways, such as negative performance reviews that suddenly arise, changes in work duties, or being excluded from key responsibilities soon after filing a claim. These patterns can indicate that an employer’s decision is linked to the workers’ compensation filing rather than legitimate business needs.

When termination happens under these circumstances, it may violate employment laws designed to protect injured workers. Proving retaliation typically requires documentation, such as emails, internal notes, or witness statements, that connect the firing directly to the workers’ compensation claim.

Can You Collect Workers’ Comp After Being Fired?

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. 

Acceptable Reasons for Termination While on Workers’ Comp

Idaho follows at-will employment laws, which means employers can terminate workers at any time for almost any reason, provided it’s not discriminatory or retaliatory. This can include business-related changes or the need to fill a role temporarily vacated by injury.

Common legitimate reasons for termination include performance issues, policy violations, or misconduct unrelated to the injury. Even in these cases, workers’ compensation benefits typically remain in place as long as the claim is active and your doctor supports ongoing restrictions.

Still, employers cannot take action that stems directly from your claim. For anyone worried about getting fired while on workers’ comp, understanding these limits helps identify when a termination crosses into retaliation.

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Employer Obligation to Hold Your Job

Under the 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. 

What to Do If You’re Fired While on Workers’ Comp

Getting fired while on workers’ comp doesn’t automatically cancel your benefits, but it can complicate things. The first step is to verify that your benefits are still being paid and that your medical care continues uninterrupted. You should also request written confirmation of your termination and the reason behind it. This helps determine whether the firing was lawful or retaliatory.

Next, maintain all documentation related to your claim, medical notes, correspondence with your employer, and any statements from the insurer. These records can become critical evidence if a dispute arises about unpaid benefits or wrongful dismissal.

Finally, consider reporting any suspected retaliation to the Idaho Industrial Commission. They oversee disputes under the state’s workers’ compensation system and can guide claimants through the proper process to protect their rights. 

Call a Caldwell Workers’ Compensation Attorney

At Andrew Injury Law, we offer a free consultation to discuss wrongful termination and workers’ compensation claims. Getting fired while on workers’ comp is not only devastating but may also be illegal. Our Caldwell attorneys protect workers’ rights throughout Idaho and work tirelessly to secure the benefits you deserve. Contact us today at 208-517-7670 to start building your case.

Check Out More Helpful Articles

• How Much Does Idaho Workers’ Comp Pay?
• What Is The Average Workers’ Comp Neck Injury Settlement
• What’s the Difference Between Workers’ Compensation and Disability?

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