Normal 0   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.

Frequently Asked Questions

 


Q: 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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Rocky Hill
2049 Silas Deane Highway
P.O. Box 129
Rocky Hill, CT 06067
Phone: 860-257-1000

Norwich
441 Salem Turnpike
Bozrah, CT 06360
Phone: 860-866-6899

By Appointment Only

Brooklyn
257 Gorman Road
Brooklyn, CT 06239
Phone: 860-774-1699

By Appointment Only

Storrs
17 Flaherty Road
Storrs, CT 06268
Phone: 860-456-4011

By Appointment Only

FAQs

Worker's Compensation

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Glass, Lebovitz, Kasheta & Bren LLC does not intend to provide legal advice in the creation or publication of the materials found on this website. The materials presented on this website do not constitute legal advice. They are not intended to be a substitute for legal advice. The intent of these materials is to provide the reader with information regarding the subject matters discussed. Every case has different facts and circumstances that must be considered when definitive legal advice is rendered. Every state has different laws and rules that apply to various types of legal causes of action and these materials may not be applicable in states other than Connecticut. To avoid any potential confusion, understand that an attorney-client relationship is not intended to be formed unless and until a written retainer agreement is signed by both you and an attorney. If you require legal advice, you should seek the services of a competent attorney. Listing of fields of law does not indicate any certification of expertise therein.

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