Can I be fired if I’m out because of a work injury?

A:   The simple answer is yes.  The law does not permit you to be fired simply because you file a workers’ compensation claim — and the penalties for an employer who does this are severe.  But while a contract (like those that are negotiated by a union) or a company handbook may force an employer to keep your position open, the law does not require your employer to hold a slot open for you when you are not physically able to work at your job.

Should this keep you from making a workers’ compensation claim?  Absolutely not. Experience tells us that an employer who thinks nothing of letting you go just because you cannot do your job as you heal from a work injury is often an employer who will try to avoid his legal obligations based on technicalities.  You don’t want to find yourself fired and without compensation benefits.

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