You’ve been seriously injured on the job. After ER visits and specialist referrals, doctors order you off work for a few months for surgeries and recovery. Can your boss really fire you while you’re out hurt? Does workers’ comp pay you during medical leave? So many questions swirl about your job, rights, and the claims maze ahead. Here are four must-knows about employment and income while hurt under workers’ comp.
- You Cannot Be Fired. You cannot lose your job for getting injured doing your job or while receiving workers’ comp benefits during approved medical leave. There are exceptions for gross misconduct or failing drug tests. But the law strictly protects your job should you need extensive time off to treat an illness or physical harm that occurred while working. Just be sure to fully document the injuries and cause with doctors.
- Your Leave Is Limited. You are legally guaranteed 12 weeks of job protection during medical leave under The Family And Medical Leave Act. Beyond this period, unfortunately, companies can legally terminate employment if extended restrictions keep you off-duty indefinitely. So, staying in close touch with HR departments regarding your ongoing status is key.
- You Will Get Paid. You’ll get a portion of your wages while recovering either through state law or private insurance. The exact amount varies greatly but should equal around 66% of current earnings depending on company policies.
- You Have to Comply With Workers’ Comp. You must stay compliant with all workers’ comp requirements during leave, which includes making appointments, taking drug tests if requested, and not performing other jobs. Failure to follow program rules can put future benefits at risk.
In the end, focusing on recovery is priority one. Keep employers and lawyers informed so funds continue flowing during the stressful journey back to work, one step at a time. Most people find the system complex yet navigable with the right guidance. We can help, so give us a call.