One thing that an injured employee with workers’ compensation doesn’t plan is the possibility of being laid off or fired from work. Your employer might have fired you in retaliation for requesting workers’ compensation benefits. This is illegal under the law. But, your employer could have also dismissed you for reasons that are not connected in any way to the workers’ compensation claim. These are usually due to budget cuts or unexpected economic slowdowns.
As your job prospects are the top concern, However, you might be also concerned over the long-term future for the benefits you receive from workers’ compensation. Do you get your benefits if still qualified for benefits?
The situation could be extremely complex, and that’s why consulting a skilled lawyer is a crucial step. AIMA workers’ compensation lawyers in Arizona Arizona AIMA workers’ compensation lawyers will review the specifics of your case in the form of a case review for a free expense to you.
What Happens After Being Fired or Laid Off?
If you are already receiving benefits prior to the time you were laid off or fired off, you’ll continue receiving benefits. If you were injured while working and deemed eligible for benefits even though you were employed.
If, however, you were dismissed due to reason, as an issue with disciplinary You could be unable to claim benefits. It is also possible to lose benefits if your doctor concluded that you were completely recovered prior to your dismissal. Even if you weren’t fired then your benefits could have been cut off in any case.
The reason you are laid off could be due to your employer closing its company or declaring bankruptcy. But, this shouldn’t have any effect on your benefits since they are provided by your former employer’s worker’s compensation insurance provider. If, however, the insurance company is experiencing problems with its finances, it’s possible that you will not receive benefits due to this.
At Will Employment
There are exceptions however the majority of employees are employed in a “at-will” manner. This means that employers can dismiss their employees without a reason or without reason in any way. A company may simply change its structure or eliminate your job, and there’s no way to stop it.
If you’re under contract, your contract could provide acceptable reasons to fire you. If they dismiss you for a different reason then you could have an action for violation of the contract.
Your employer does not have to keep your job for you. If your work is vital to the operation of the business and the company requires another person to complete the work, the employer is entitled to take over your job. This could mean that your job will be gone when you’re physically fit to return to work.
Can I Be Terminated for Filing a Workers’ Compensation Claim?
It’s illegal that an employer dismisses you to file an injury claim and that means the employer must give a plausible reason for your dismissal.
If you believe you were terminated because you filed a worker’s claims for compensation there are other recourses under the law on workers’ compensation. Additionally, there is the possibility of an action in civil court to pursue your previous employer over unfair termination.
Explore your Legal Options by contacting a licensed attorney
In the event that you, or someone you care about suffered an injury at work and denied benefits from workers’ compensation and compensation, you might be eligible to appeal by enlisting the assistance of a qualified lawyer.
Arizona AIMA has recovered over $130 million in compensation for our clients. Contact us today for a no-cost consultation and find out if you are entitled to Workers’ Compensation benefits. There’s no obligation to engage our firm to represent your claim even after your consultation, which means there is no risk. We only get paid if we can successfully collect Workers’ Compensation benefits to your claim.
If You Are Injured at Work
If you’re injured while at work within any of the three jurisdictions surrounding it (District of Columbia, Maryland, and Virginia) You are legally entitled to make a workers’ compensation claim for the injuries.
Although there are some distinctions in the laws governing workers’ compensation in each state You are usually entitled to these benefits:
1. The payment of all medical treatment related to it.
2. Direct payments to compensate you for your lost time off work in the event that you are disabled from working due to the injury. These benefits are usually paid at the rate of 2/3 of a worker’s average weekly salary.
3. Vocational assistance if you can’t return to your previous job.
4. Additional compensation in case of a permanent disability that occurs as a result of your job-related injuries.
You may make an application for benefits by clicking here. But, you must have informed your employer (either by writing or verbally) within a short time after the accident. Additionally, you must declare a claim in the proper location within a specific time. Each area has its own regulations.
HTML0 Once Your Claim Is Filled and You are Released from care, you could Be able to qualify for Permanent Disability Benefits
Most work-related injuries are short-term and can lead to a complete no-symptom recovery. However, this isn’t always the case. Many injured workers discover that they are still suffering from discomfort or other signs when they return.
If you’ve been injured during a work-related accident and you continue to suffer from pain or other signs that you are suffering from, you could be eligible for additional indemnity in the form of permanent partial or full disability. This is the situation even if you’ve returned to full-time work.
AIMA Workers’ Compensation lawyers have assisted thousands of clients with their claims for workers’ compensation. You could also benefit by hiring one of our lawyers to examine your work-related injury claim.
Permanent Work Injuries
After a discharge from medical treatment If a patient suffers from symptoms or pain, they might be entitled to additional compensation due to a form of permanent disability.
Even if an employee has been allowed to return to work but suffers from pain or other signs they could be eligible for an additional amount of compensation in case of permanent partial disability.
If however, the person is unable to return to work prior to injury or work, then there might be a reason to make a claim of permanent disability. It is not necessary to be bedridden or unable to walk in order to have the right to a permanent disability.
For instance, In Arizona, the law on workers’ compensation assumes that a person is permanently disabled when he or she experiences one of the following: loss of both eyes or both hands, both legs or both feet, as well as any of the combination of more than two impairments to the eye an arm, foot or leg.
Permanently partial disabilities are calculated according to the percentage loss attributed to an injury to a certified doctor. The length of time that is allocated for specific injuries differs across regions. A sample of the total weeks of disability in the Maryland workers’ compensation law is listed below:
- Arm 300 weeks
- Leg: 300 weeks
- Hand 250 weeks
- Foot 250 weeks
Can I Start a New Job While Receiving Workers’ Comp Benefits?
It’s not unusual for workers to think about looking for an alternative job or a career change following an injury at work. Some injured workers are keen to find an alternative job in a less risky field. In other instances, it is possible that they require changing careers, particularly in the event of an injury that prevents them from being able to perform the same job as before.
Arizona AIMA responds to questions regarding what might happen in the event that you took the offer of a new job or other jobs to earn money and still received workers’ compensation benefits from the employer you currently work for.
Are you injured on the job and require assistance in learning the legal options available to you in order to receive benefits? Having difficulty getting your benefits? We have Arizona AIMA workers lawyers are available to assist you with all your questions regarding workers’ compensation and claims issues.
What Happens to My Benefits if I Change Jobs?
Legally, you’re in a position to switch jobs at any time even if you’re still receiving benefits from workers’ compensation from the current position. However there are laws in place to your decision, and any decision you take to switch jobs that are full-time or even a different job may affect the amount you receive in weekly benefits.
If you’re thinking about pursuing another or even more work it is essential to be aware of the following:
- Your benefits aren’t canceled simply because you switch your job
- The benefits you receive cannot be cancelled in the event that you take on light-duty work that pay a lower wage
- Your benefits aren’t canceled just because you are employed in another, less lucrative job
However, if you decide to change jobs in exchange for benefits, you need to be aware of how the decision will impact your benefits and the amounts you keep receiving. Even if you still get benefits in part, however, your pay-per-week rate might not be the same that it was when you first began receiving benefits. If you are employed at a new place of work and pay exactly the same as the one you received at your previous job, then your benefits will stop.
What if I Took a Secondary Part-Time Job?
We know that injured workers might consider taking an additional job to pay for the expenses that workers’ compensation ends. As with all earnings, it can reduce what you receive as your weekly benefits. If you are paid but don’t report the earnings while you are still receiving benefits from workers’ compensation this is considered to be fraud in insurance.
Why Injured Workers May Consider Changing Jobs
There are many reasons why injured workers might consider changing careers or jobs and still receive benefits from workers’ compensation for example:
- They were able to find a less stressful job which complies with their doctor’s physical restrictions , yet pays the same.
- They discovered a job that even though it isn’t as lucrative however, it meets the doctor’s physical limitations, and allows the workers to advance.
In this case, an injured worker might still be eligible for some benefits through their worker’s compensation claim.
Factors to Consider Before Taking a New Job
Although there are many motives for both financial and personal which could attract you to a new job but it is crucial to consider these possible negatives and also the risks:
- Resuming work until you’ve fully recovered may be a risk of an injury that is not fully healed.
- If you return to work too early, it could hinder your recovery or prevent you from fully recuperating.
Another thing to remember could be that the employer isn’t legally bound to hold your job on behalf of you. Therefore, after you have made a complete recovery, your job could not be offered. Employers are also legally not required to provide alternatives to work.
What if I am Cleared for Light-Duty Work?
If your physician has cleared the way for you to return to work and feels there’s no danger for your recovery by doing so, it could be the best way to go going ahead. A partial pay for too long could put anyone in financial danger.