Can you be laid off when on workers comp?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you be laid off when on workers comp?
Asked on December 13, 2012 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The fact is that worker's compensation gives you monetary compensation for a work-related injury; it does not specifically protect your job.
That having been said, you can't be fired just because you filed a worker's comp claim (but you can be fired for an unrelated reason). The key issue is whether or not the reason given is the true reason for your discharge or whether it's just a pretext to try to get around the ban on retaliating aginst an employee for filing a worker's comp claim.
At this point you can consult directly with an employment law attorney in your area for further information.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.