Can My Employer Fire Me If I Can’t Work After Being Injured?

Oct 15, 2010 No Comments by

Your employer must attempt to find alternate work for you if you are injured on the job.  In the event your injury is to an extent you cannot perform a job position offered by your employer, you are usually sent home with restrictions and you will receive a weekly workers’ compensation benefit check from your employer’s insurance company until your employer can find a job in which you can perform within the restrictions set by your doctor.

StethoscopeYour employer cannot terminate or fire you from the job due to your inability to perform the job due to your injury.  However, be aware that some employers will try to force you to resign from a job.  For example, your doctor may have ordered that you cannot stand on your feet for over ten minutes at any given time.  Your employer, in an attempt to get you to quit, may place you sitting on a stool all day long and have you count the number of people that walk through the office door.  Eventually you will become so bored with sitting on the stool every day for many days you will get up and walk out the door and quit the job.  Don’t do this because it could affect your benefits. Many employers may try to play these psychological “games” with you.

Despite that, an employer can terminate your job position.  For example, business is bad and the employer cannot support your job position – they may eliminate that position if done so for the benefit of the business. However, they would likely need to get rid of all similar positions as well. In other words, if you are an assistant manager, they would likely need to dissolve all assistant manager positions – not just yours.

Again, your employer cannot fire you simply because they do not have a job for you to perform due to your injury. Instead, they would need to find suitable job tasks that fall within the medical recommendations of your doctor.

Duncan Law Blog, Workers Compensation Video, Workers' Compensation, Workers' Compensation
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We practice primarily in the areas of bankruptcy and workers' compensation. We have offices in Charlotte, Greensboro and Winston-Salem, NC.

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