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Can You Be Laid off While on Workers’ Compensation?

Workers’ compensation law and the Family and Medical Leave Act significantly restrict and frequently prohibit employers from discharging injured employees.

However, there are still circumstances in which an employer may legally lay off or discharge an injured worker. For instance, if an employer was planning on laying off the employee prior to them sustaining the injury, the fact that they are away from work on temporary disability leave doesn’t necessarily protect them from a layoff or other termination.

If an employee is let go, the employer must show there were reasons for firing them or laying them off outside of them filing a workers’ compensation claim.

With Connecticut and federal employment and benefits laws governing workers’ compensation claims, there has been a dramatic increase in wrongful discharge and disability discrimination complaints and lawsuits against Connecticut employers.

I Was Fired After Filing a Workers’ Compensation Claim; What Now?

An employer cannot fire or lay off someone solely because they filed a workers’ compensation claim. If they do, it might be considered a case of illegal retaliation. Federal law considers it illegal retaliation when an employer terminates an employee for reporting a workplace injury or filing a workers’ compensation claim.

The Connecticut Workers’ Compensation Act states that an employer may not discharge or discriminate against an employee because they have filed a workers’ compensation claim or are exercising their rights under the act.

In most situations, an employer won’t downright tell an employee they’re being fired over their workers’ compensation claim. Employers are aware that this would likely lead to a lawsuit. An employee who believes they have been the victim of unlawful retaliation can sue the employer for wrongful termination and should try to gather evidence to prove their suspicion.

Call Carter Mario To Defend Your Rights

If you believe you may have been let go due to filing a workers’ compensation claim, you should contact an experienced workers’ compensation attorney as soon as possible. The lawyers at Carter Mario will look at the facts of your case, explain how the law applies to your situation, and protect your rights.

When denied workers’ compensation benefits, let Carter Mario Law Firm help you. Call (203) 806-9256 today or submit a FREE Initial Consultation Form. We know benefit denial claims and stand ready to help you receive the fair and full compensation you deserve.