Workers’ compensation is a system designed to get employees who are injured at work compensation for their injuries. This means you do not have to pay for your medical bills and any other injury-related expenses, such as medicine, a cane, medical equipment, a wheelchair, and more. You may be wondering if you still get paid while out of work from an injury. This simple guide will answer your question.
Wages on Workers’ Compensation
The laws regarding workers’ comp vary from state to state, but it is universal that employees are entitled to their wage while on workers’ comp. This is one of the rights guaranteed to employees. Until you are completely healed and able to return to work, your employer must pay you the amount of money you would have earned if uninjured. In some cases, employees may also be entitled to future wages if their earning potential has been hampered by the injury. If any employer refuses to compensate an employee for their lost wages, that employee has a very good chance of successfully filing a lawsuit and receiving all the compensation he or she is owed.
Employment During Workers’ Compensation
While it is universal for workers’ comp to cover wages, the laws surrounding whether or not an employee can be terminated while out on workers’ comp does vary from state to state. It is still universally illegal for an employee to be fired because of the workers’ comp claim, although some states do allow the employer to terminate the employee for unrelated reasons. In at will employment states, an employer may fire an employee at any time, for any reason, and without prior notice. This right also applies to employees who may want to quit for any reason. Of course, if you suspect that you were terminated because of your workers’ comp case, you may have a legal case against your ex-employer. In order to successfully win your lawsuit, you will need some sort of proof that the reason for termination was related to the injury. Because of the legal ramifications, most employers will avoid terminating employees while they are healing. Keep in mind that all this only applies to at will employment states, and it may actually be illegal in your state to terminate an employee out on workers’ comp for any reason. Speak with a workers’ compensation lawyer to learn more information about the specific laws for your home state, so you can make an informed decision.
Source: Workers Comp Lawyer NY, Polsky, Shouldice & Rosen, P.C.