Over the course of his legal career, Mr. Tadros has represented injured workers, employers, and insurance companies. This wide variety of experience provides him with a unique perspective which assists him in achieving the best possible outcome for his clients.
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Most employees have "at will" employment, meaning that their employers can terminate their employees for any reason or no reason whatsoever. Similarly, employees can resign from their jobs for any reason or no reason. If you do not know exactly what your employment situation is, you are most likely an "at will" employee. If you are an at will employee , your employer can terminate your employment based upon previous poor work performance, the need for layoffs due to financial problems, a restructuring of the company, or any other legal reason.
But if you have filed a workers' comp claim, this may have given your employer a motive to let you go. Most employers will not come right out and tell an employee on workers' compensation that their workers' compensation claim is the reason they are being terminated.
As described below, an employer cannot terminate your employment as retaliation for filing a workers' compensation claim. Employers know that you could then file a lawsuit for discrimination or retaliatory termination. If you are a contract employee , your rights are different. Your employer still may not terminate you as retaliation for a workers' compensation claim. Additionally, your contract should list the specific reasons your employer may terminate your contract.
A frequent clause in employment contracts is a provision that allows an employer to terminate employment if an employee is unable to work for a given period of time, such as six months. Employers often will terminate employees on long-term workers' compensation claims using such a provision. Termination for this reason is usually legal.
It is illegal retaliation for your employer to terminate your employment for reporting a workplace injury or filing a workers' compensation claim. It is rare for an employer to make the mistake of telling an employee that they are being fired due to a workers' compensation claim, because most employers are aware that this would likely lead to an employment discrimination lawsuit.
However, if your employer terminates your employment and you suspect it is due to your workers' compensation claim, you should try to gather evidence to prove your suspicion.
Your employer is required to keep you on during your workers' compensation claim until you fully recover from your injury or reach maximum medical improvement. Maximum medical improvement MMI is a term used in most states to describe the point at which your condition related to your workplace injury is not likely to improve with further treatment. If you have fully recovered from your workplace injury or occupational disease , or have reached maximum medical improvement, you should discuss with your doctor whether you have any permanent work restrictions.
If you have fully recovered, it is highly unlikely that you have any permanent work restrictions due to your work-related injury.
To the extent you have any permanent work restrictions, you must discuss these restrictions with your employer. Your employer is required to make reasonable efforts to accommodate your new work restrictions so that you can perform your job.
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