Posted on Wednesday, September 4th, 2024 at 9:00 am
Completing a workers’ compensation claim can be challenging as you recover from your injuries. The added stress that comes with losing your job at the same time only makes things worse. Can you be fired while on workers’ comp in Utah? Unfortunately, the answer is yes.
However, certain protections come into play when injured workers receive workers’ compensation. Understanding your rights and what happens if your employer fires you while you’re on workers’ compensation is crucial for making sure you receive the benefits you deserve.
Can I Be Fired While on Workers’ Compensation in Utah?
In Utah, it’s legal for an employer to terminate an employee while they are receiving workers’ compensation. However, employers cannot fire employees because they filed a workers’ compensation claim or for any reason directly related to the claim.
For example, let’s say your employer fires you because you filed a claim or are taking time off to recover from a work injury. This is a form of retaliation, which is illegal per the Utah Office of Administrative Rules. However, the termination may be legal if your employer terminates you for reasons unrelated to your injury, such as the company downsizing or poor job performance documented before your injury.
Does Being Fired Affect My Workers’ Compensation Benefits?
If your employer fires you while you are receiving workers’ compensation benefits, it generally does not affect your ongoing benefits. In Utah, workers’ compensation laws make sure injured workers can receive the medical care and wage replacement they need, regardless of their employment status.
Your benefits, including medical treatment and disability payments, should continue for as long as you remain eligible. However, termination may impact your ability to receive some benefits, such as temporary partial disability (TPD).
Temporary partial disability covers part of the difference between your pre-injury and post-injury income if you can work in a lessened capacity. For example, you may only be able to work limited hours or in a less strenuous position while you recover from your injury.
If you cannot return to work due to your injury, you may continue receiving temporary total disability (TTD) benefits. These benefits may continue until you reach your maximum medical improvement (MMI) or until the resolution of your workers’ compensation claim.
Does My Employer Need to Save My Position?
According to the Utah Labor Commission, employers do not have to hold positions for injured workers indefinitely. However, this does not mean they can fire you simply because you are out while recovering from a work-related injury.
Employers have the right to terminate employees taking time off and receiving workers’ comp benefits if they need to fill the role to maintain their business operations. If your job is vital for the business, there may be an increased chance your employer will look for someone to replace you.
What if My Employer Offers Me a Different Position Instead of Termination?
In some cases, your employer may offer you a different position at the company rather than terminating you. Failing to accept an available position that is within your work restrictions could impact your benefits. However, accepting a lower-paying position could also impact your benefits.
It’s vital to speak with a workers’ compensation attorney before accepting a different position offered by your employer to determine how it could affect your claim for compensation.
What Are My Options if I Was Fired While on Workers’ Compensation?
Do you believe your employer wrongfully terminated you while on workers’ compensation? There are a few steps you can take to protect your rights:
- File a Complaint – If you suspect your termination was due to retaliation, you can file a complaint with the Utah Labor Commission’s Antidiscrimination and Labor Division (UALD). It is illegal for employers to discriminate based on disability, including temporary disability, and the UALD will investigate whether your employer violated this law.
- Consult with an Attorney – An experienced workers’ compensation attorney can manage your case, including determining whether your termination was lawful or counts as retaliation. They can also help you file any necessary claims and advocate on your behalf.
- Continue with Your Claim – Being fired does not necessarily mean the end of your workers’ compensation claim. Continue following your treating physician’s advice and attending all required medical appointments. Doing so will make sure your benefits continue for the remainder of your eligibility period.
- Explore Unemployment Benefits – If you are physically capable of working but were fired while receiving workers’ compensation, you may be eligible for unemployment benefits. However, it’s vital that you speak to an attorney before filing for unemployment, as it could interfere with your workers’ compensation benefits depending on your situation and the amount of benefits you receive.
Was I Retaliated Against for Filing for Workers’ Compensation?
Retaliation occurs when an employer takes an adverse action against an employee for exercising a legal right, such as filing a workers’ compensation claim. Retaliation is illegal in Utah, but how do you know if your employer retaliated against you? Look for these signs:
- Sudden negative performance reviews after filing your claim
- Demotion or a reduction in work hours without a valid reason
- Hostile treatment from supervisors or coworkers
- Termination shortly after filing a claim
If you experience any of the above, it’s essential to document everything and consult with an attorney. Retaliation cases can be challenging to prove. Having detailed records of all interactions, emails, and incidents related to your work injury and termination can strengthen your case.
Contact a Utah Workers’ Compensation Attorney at London Harker Injury Law
Did your employer fire you while receiving workers’ compensation in Utah? If so, it’s important to know your rights and options. Workers’ compensation laws exist to protect workers, and a wrongful termination related to your claim is a serious matter.
Consulting with a knowledgeable Utah workers’ compensation attorney can improve your chances of receiving the benefits you need and are entitled to. Our law firm has the legal knowledge and proven results to help you in your case. Contact London Harker Injury Law at 77CARCRASH for a free consultation with one of our experienced attorneys. Ask us anything related to your case.
