Being injured on the job is a stressful experience, made even more complex when faced with the possibility of termination. California law explicitly safeguards employees from termination for filing a workers compensation claim. However, the situation is not always straightforward. This explores whether employees can be fired while on workers’ compensation in Los Angeles, with insights from legal experts at Koszdin, Fields & Sherry.
Can Employers Fire Employees on Workers Comp?
The short answer is: it depends. While California law prohibits firing an employee solely because they filed a workers’ compensation claim, employers can terminate employment for other legitimate reasons.
Here’s a breakdown:
- Illegal Termination: If an employer fires you because of a work-related injury or your decision to seek workers’ compensation benefits, it’s unlawful retaliation. You may have a case for wrongful termination.
- Legitimate Reasons: Employers can still terminate employees for reasons unrelated to the workers’ compensation claim. This includes performance issues, economic downturns, or restructuring.
What to Do If You Believe You Were Wrongfully Terminated
If you suspect your termination was related to your workers’ compensation claim, seeking legal advice is essential. The best workers compensation attorney in Los Angeles can clarify your rights and guide you through your options.
Potential legal actions may include:
- Wrongful Termination Lawsuit: If you prove your termination was retaliatory, you may be entitled to damages.
- Continuation of Workers’ Compensation Benefits: Even if you’re fired, you may still be eligible for workers’ comp benefits until your medical condition stabilizes.
Legal Protections and Employer Obligations
Employers in Los Angeles must adhere to strict regulations regarding workers’ compensation and employee rights. They are obligated to:
- Provide Reasonable Accommodations: Employers must offer reasonable accommodations for temporary or permanent disabilities.
- Non-Retaliation: Employers cannot retaliate against employees for filing a worker’s compensation claim.
- Job Protection: Employers must comply with job protection laws and ensure employees are not wrongfully terminated while on workers compensation.
The Role of a Workers Compensation Attorney in Los Angeles
A skilled Los Angeles workers’ compensation attorney can provide invaluable guidance and support if you’ve been injured. They can:
- Evaluate Your Case: Assess the merits of your case to determine if you qualify for workers’ comp benefits or if you have grounds for a wrongful termination lawsuit.
- Represent Your Interests: Settle with insurance companies and employers on your behalf.
- Maximize Your Compensation: Help you obtain the maximum benefits you deserve.
- Provide Legal Counsel: Advise you on your rights and options throughout the legal process.
If you’ve been injured at work and face employment issues, don’t hesitate to contact a qualified Los Angeles workers’ compensation attorney. They can help you navigate complex legal systems and protect your rights.
Conclusion
Balancing recovery with job security after a workplace injury can be overwhelming. California law protects injured workers, but navigating the workers’ compensation system requires knowledge and persistence. If you believe your rights have been violated, consulting with an experienced attorney is crucial. Koszdin, Fields & Sherry, specializing in Los Angeles workers’ compensation cases, can provide the expert guidance necessary to safeguard your rights and benefits.
FAQs
What happens if I get fired while on workers comp in Los Angeles, CA?
Employees who are fired while on workers compensation in Los Angeles may have a case for wrongful termination. Employers are prohibited from retaliating against employees for filing a workers compensation claim.
Can I be fired if I’m temporarily disabled due to a work injury?
Typically required to provide reasonable accommodations for employees with disabilities, including those with temporary disabilities. Terminating an employee solely because of their temporary disability can lead to legal action against the employer.
Can I get another job while on workers comp in LA, California?
Yes, employees can seek other employment while on workers’ compensation. However, they should understand how this affects their benefits and consult a Los Angeles worker’s compensation attorney for guidance.
How long can an employee be out on workers’ compensation in California?
Temporary disability benefits are generally capped at 104 weeks within five years. For severe injuries, benefits may extend up to 240 weeks. The specific duration depends on the severity and recovery time of the injury.
For more information or legal assistance, contact Koszdin, Fields & Sherry, the leading worker’s compensation attorneys in Los Angeles. They can provide the necessary support and representation to ensure employees’ rights are protected.