Workers Compensation Essay

Can an employee be fired while out on workers’ compensation?

Let’s look into the facts:

What is Workers’ Compensation?

Workers’ Compensation is a procedure that compensates employees if they have to miss work due to an injury on the job. Every state has its own version of laws surrounding workers compensation.

This set of laws has a strict liability around it, meaning, if the employee causes the accident, or the employer is the root cause, worker’s compensation will typically pay the lost wages and medical bills in both cases. Workers’ compensation is usually not present in companies with under five people, or in cases of independent contractors, but in all large work places, you can expect to see posters and information on how ‘Workers

In general, an employer is not allowed to terminate you because you took leave based on an injury.

There are a few variations to this statement:

If the company covers employees with FMLA, Family Medical leave Act, the employees are able to take up to 12 weeks of unpaid leave without termination. However, in many cases a ‘similar job’ may be presented in lieu of the previous position before taking FMLA.
If you find an employee continues to work while taking workers compensation, this could be grounds for termination.
Decisions about termination can be based on performance with the right evidence, as long as they are not based on the missing of work due to injury.

How should you proceed?

If you have a ‘rotten egg’ employee who is now taking a leave of absence, review your disciplinary records and confirm you have enough evidence for termination, even in an ‘At Will’ state, it’s important to cover your grounds in cases that are not black and white.
If you’re an employee concerned about your employment, set up a discussion with your boss to reduce your worry. Chances are if you produced good results, this is just an accident and you’ll be back on your feet and making a difference at your desk in no