[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"CAN I BE LAID OFF WHILE ON WORKERS\u2019 COMPENSATION? Answer","text":"No one should have to worry about whether they will have a job to return to while they are receiving workers\u2019 compensation and recovering from an injury. Unfortunately, far too many injured workers do have these concerns.  Employees can be laid off while they are receiving workers\u2019 compensation, but only for certain reasons.  Employers cannot lay employees off or fire them simply for pursuing or receiving workers\u2019 compensation benefits. Those actions are considered retaliatory measures and are a violation of the law.  However, if an employer lays off employees for legal reasons, such as there is no longer a need for a certain department, employees can be laid off even if they are receiving workers\u2019 compensation.","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Although employees have certain rights while on workers\u2019 compensation, employers are under no obligation to give them any type of special treatment. That means that if the employer would have gotten rid of the position even if the employee was working, the employer has the right to do so.  Employers are not responsible for keeping a job open for injured employees receiving workers\u2019 compensation or for providing a similar position upon the employee\u2019s return.","name":"DOES MY EMPLOYER HAVE TO HOLD MY JOB WHILE ON WORKERS\u2019 COMP? Answer","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"CAN YOU COLLECT WORKERS\u2019 COMPENSATION AFTER BEING FIRED? Answer","text":"It depends on two factors since being fired does not legally suspend you from receiving workers\u2018 compensation benefits. Whether a termination is lawful or not will depend on whether you are still under the doctor\u2019s restrictions and the reason why you were fired.  If you are still under restrictions from a doctor and cannot work, you can most likely still collect workers\u2019 compensation benefits after being fired. The exception to this is if you were terminated for disciplinary reasons. If you engage in misconduct while not under doctor\u2019s restrictions and your employer fires you for this reason, you cannot collect workers\u2019 compensation benefits after termination.","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Sometimes employees are recovering from their injuries, and while they are not yet fully recovered, they are making good progress. In these cases, many employees can return to work, but they cannot perform all of the same tasks they did before their injury. This is known as light duty because the employee is performing lighter tasks than they once did.  Employees who are on light duty, also called being under doctor\u2019s restrictions, can be fired. If they are immediately fired after they return, they may have a cause for legal action, as the reason for the firing could be employer retaliation for the workers\u2019 compensation claim. However, if the employee returns to work and there is a valid and legal reason for the firing, there is a chance that the termination will be deemed lawful.","name":"CAN YOU BE FIRED WHILE ON LIGHT DUTY? Answer","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"WHAT YOU CAN GET FROM WORKERS\u2019 COMP Answer","text":"Workplace injuries are very difficult to contend with. While you are trying to recover from them, you are unable to work yet still have daily expenses adding up. On top of these, you also have medical costs that are necessary for your treatment and recovery, but without an income to pay for them.  Workers\u2019 compensation is available to help injured workers with these issues. If you are receiving workers\u2019 compensation for an injury that happened on the job, you are entitled to receive a percentage of your income, as well as payment of all medical expenses related to your injury. If you need retraining for your job or another job, you may also be entitled to that as well under workers\u2019 compensation.","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"If you have been laid off or fired after pursuing workers\u2019 compensation for a work injury, it\u2019s important to speak to an attorney right away. There is a chance that your employer is retaliating against you for going through the workers\u2019 comp process. Some employers do this because after a worker files a workers\u2019 compensation claim with the employer\u2019s insurance company, their insurance rates increase. By retaliating, the employer is hoping it will deter other workers from filing a claim in the future.  Firing an employee for pursuing a workers\u2019 compensation claim is illegal. Although it\u2019s true that you may not have been fired or laid off, for this reason, an attorney will know how to investigate the real reason why you were fired. If they find it was for retaliation purposes, an attorney can help you take legal action.  You may be able to file a civil lawsuit against your employer that can help compensate for the lost income and perhaps even damage to the reputation you sustained as a result of the firing.","name":"WHAT TO DO IF YOU HAVE BEEN LAID OFF OR FIRED AFTER A WORK INJURY Answer","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can I be laid off while on workers\u2019 compensation?","acceptedAnswer":{"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer"},"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Question"},{"@type":"Question","name":"Does my employer have to hold my job while on workers\u2019 comp?","acceptedAnswer":{"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer1"},"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Question1"},{"@type":"Question","name":"Can you collect workers\u2019 compensation after being fired?","acceptedAnswer":{"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer2"},"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Question2"},{"@type":"Question","name":"Can you be fired while on light duty?","acceptedAnswer":{"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer3"},"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Question3"},{"@type":"Question","name":"What you can get from workers\u2019 comp","acceptedAnswer":{"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer4"},"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Question4"},{"@type":"Question","name":"What to do if you have been laid off or fired after a work injury","acceptedAnswer":{"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Answer5"},"@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#Question5"}],"name":"WORKERS' COMPENSATION BENEFITS AFTER BEING FIRED FAQ Page","@id":"https:\/\/www.kentuckycourage.com\/workers-compensation-attorneys\/workers-comp-benefits-after-termination\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"ImageObject","url":"https:\/\/www.kentuckycourage.com\/wp-content\/uploads\/2019\/12\/workers-comp-benefits-after-termination-300x202.jpg","name":"Workers Comp After Being Fired - Image","width":"300","height":"201","license":{"@type":"ContactPage","url":"https:\/\/www.kentuckycourage.com\/contact-us\/","accessMode":"auditory, tactile, textual, visual, text, OnVisual, textOnVisual","name":"MCYS - Contact page","description":"Contact Morgan, Collins, Yeast & Salyer today for a free consultation. Let us help you get started on your injury claim today. Located in KY.","keywords":["car accident lawyer","truck accident lawyer","personal injury lawyer"],"inLanguage":{"@type":"Language","name":"English - Language","@id":"https:\/\/www.kentuckycourage.com\/#English-Language"},"disambiguatingDescription":"Contact Morgan, Collins, Yeast & Salyer today for a free consultation. Let us help you get started on your injury claim today. 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