Can I Be Fired Or Laid Off While Receiving Work Comp Benefits?

By Author: Glenn Farrier
Total Articles: 123
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An employer should never terminate you based on the fact that you filed for or are currently receiving workman’s compensation benefits. Of course, there are ways of getting around any law and it doesn’t mean this can’t happen.

Nevada, like many states, allows employers to “fire at will”. This means that it’s possible for an employer to fire you after you have filed a claim and try to mask the termination as legitimate. For example, if after you file a claim for a work related injury you and your employer fires you for a positive drug test, perhaps extreme tardiness, or being written up for a simple mistake. If this happens, you’re going to have to prove that you were in fact fired due to a claim being filed.

Generally, employers are not so brave and they will more likely fire an employee who is receiving medical care for refusing to work temporary light duty. Normally, your treating physician will order restrictions on what you can and cannot do and allow you to return to work. Most employers will offer temporary light duty work based on your doctors restrictions.

For example, instead of ...
... waiting tables, you could cash people out at the end of the evening or roll silverware. Instead of loading trucks or doing any type of manual labor, you may still be able to sit a desk and do paper work. The premise is for you to return to work as soon as possible. However, your employer is not at liberty to assign work that is demeaning and some employers may take advantage and attempt to punish you for making a claim.

It is also possible to convince your doctor that you should be completely off work for a period of time. This is still entirely up to the treating physician. If you feel that you should not be working at all and your doctor still feels you can do some light duty work, you can always request a different doctor through your adjuster.

It’s extremely important to check your employer’s policies on temporary light duty. Some employers require that you accept light duty work if and when it is offered. By refusing, you not only run the risk of losing your benefits, you could also be terminated. Remember, your employer must follow the restrictions set by your doctor. If he is not doing so, make sure you speak with your supervisor as well as your adjuster. Don’t risk your job and your benefits by simply not returning to work.

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