It is illegal to be terminated for filing a workers’ compensation claim and therefore can result in a possible employment law case. In the case of being fired while out on workers’ compensation, an employer is not required to hold your job open while you are unable to work due to an on-the-job- injury unless your union contract or individual contract of hire requires it.
If eligible, you should look into applying for FMLA, which protects your job for at least 3 months. The workers’ compensation law expects employers to provide advantageous treatment in the rehiring of injured workers when they are ready to come back to work. It is important to contact a workers’ compensation attorney or a labor law attorney to determine your rights.
