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November 15, 2019

What Happens if Your Employment Is Terminated While on Work Comp?

Because of your work accident, you may be unable to work for some time, making it difficult to provide for your family. It’s already tough, and now you might be facing the loss of your job.

What happens if your employment is terminated while on work comp? You still need your benefits, and you’re still injured. If you’re concerned about your work comp benefits, an attorney from Pothitakis Law Firm, PC can review your case and fight back if there’s an issue with your compensation.

Employment Termination and Your Work Comp Benefits

One question will likely come to mind first: “Can I be fired while on work comp?” Unfortunately, it’s a possibility. While employers can’t fire you as retaliation for applying for your benefits, they can fire you for other reasons, such as poor performance or layoffs. As long as your termination doesn’t involve your workers comp, your employers are likely within their rights to fire you.

While this may leave you in a difficult position once you’re ready to return to work, you can still receive your benefits while you’re recovering from your work injury. These benefits should remain in effect until you’ve reached the maximum number of weeks allowed for your injuries or have healed enough to return to work.

Wrongful Work Comp Termination

However, there’s a very real possibility that your employer fired you in retaliation for your workers comp claim. Keep in mind that, if this is true, you have a chance to recover your losses from your employer. It’s illegal to fire an employee as retaliation for filing a workers comp claim. If your employer attempts this, speak to a lawyer about fighting back.

You may need to bring your case before the Iowa workers compensation commissioner. Even if you’re fired while on workers comp, you shouldn’t lose your benefits. A qualified lawyer can make sure your rights are respected.

Help from an Iowa Workers Compensation Lawyer

It’s unfortunate, but losing your job is a possible outcome, whether it’s because of your past performance or simple layoffs. But what happens if your employment is terminated while on work comp? Can you still get the benefits you need to support yourself?

Luckily, Iowa work comp laws will protect your benefits. For more information, schedule a free consultation with our firm to review your benefits and determine what you’ll need to do to protect them.

Give a lawyer at Pothitakis Law Firm, PC a call at 1-866-PLF-IOWA (753-4692) or fill out the online contact form below.

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