Workers Compensation Fired While On Light Duty

Both the fmla and workers compensation laws offer protection to workers that might differ dramatically when an offer of reemployment with light duty work restrictions is made to an injured worker.

Workers compensation fired while on light duty. If you are fired after you return to work from a work injury and are placed on light duty you may lose your workers compensation benefits if the employer can show you were fired for cause misconduct absenteeism insubordination tardiness fighting and so on. Georgia has strange laws regarding how being fired affects your workers compensation case. When used in regard to workers compensation law the term light duty has many meanings. Light duties defined under workers comp law.

The employer may even look for a reason to terminate you so if you are back to work on light duty work restrictions so you. Under workers compensation if you are restricted to light duty work but your employer does not provide light duty work then the insurance company should pay you a weekly check. Light or modified duty is a temporary adjusted work assignment given to a worker injured on the job in order to accommodate his or her physical limitations while recovering from the injury. One critical factor is whether or not you have returned to a suitable light duty job when you are fired.

The fmla allows a worker to refuse an offer of reemployment without loss of family leave rights but the refusal of light duty work could. In workers compensation cases employees are expected to remain on the job if it is determined they can safely perform the modified duty. If you were fired while on light duty it may possible to file a separate lawsuit for wrongful termination and seek additional damages. If you have returned to a suitable job getting your workers compensation benefits restarted will probably be more difficult.

The most common meaning of light duty refers to work that is physically or mentally less demanding than normal job duties on a temporary or permanent basis. This is especially true if an employee was retaliated against for simply asking for workers compensation benefits under michigan law. Call abbott and associates l l c. Note if you have been fired while on restricted duty in texas or if you are worried about your job security you should probably talk to an experienced workers compensation lawyer.

Of course your employer may not be firing you in retaliation for filing a claim if your employer is laying off many people it is possible it is not retaliation. However you will be required to do weekly job searches looking for light duty work elsewhere. If you are fired while you are receiving treatment you should be suspicious that your employer is terminating you because of your workers compensation claim.