No injured worker on workers’ compensation plans for being fired from the job. An employer may have fired an injured worker in retaliation for seeking workers’ comp benefits, and that is against the law. However, the employer may have fired the worker for reasons unrelated to the workers’ comp claim. Layoffs can also be the result of budget cuts or economic recession.

In such a case, you may be worried whether you will continue to receive your checks or if you are still eligible for benefits.

This may be a complicated situation and consulting a qualified work comp lawyer could be an important step. Many workers’ compensation lawyers, such as Arizona Injury Law Group, can review your case at zero cost to you.

Generally, if you are already receiving benefits at the time of being fired or laid off, you would continue receiving them since you were injured and approved for benefits while you had the job.

However, if you were fired for cause, such as a disciplinary issue, you may lose your benefits. You may also lose the work comp benefits, if your doctor determines you were fully recovered before you were fired. In the second case, even if you were not fired, your benefits would likely have stopped.

If your layoff is the result of your employer going out of business or filing for bankruptcy, generally your benefits would continue since they are paid by your former employer’s insurance company. However, if the insurance company is in a financial trouble, benefits may stop.

Many employers hire on at will basis. That means the employees can be fired for no reason at all. For example, a company could simply restructure and eliminate your position.

If you are employed under a contract, the contract may carry acceptable reasons for firing you. If you have been fired for some other reason, you may be able to claim breach of contract.

However, your employer is not required to have a job open for you. If your job is essential to the functioning of the company and your employer needs someone else to do the work, your employer has the right to replace you. That may mean your job is gone by the time you are physically able to return to work.

Can I be fired for filing a work comp claim?

It is against the law to terminate you for filing a workers’ compensation claim. But if you feel you were terminated simply for filing the claim, consult a workers’ compensation lawyer.

If you or a loved one was injured at work and was denied workers’ compensation benefits, you may be able to file an appeal with the help of an experienced work comp attorney.

To learn more about Phoenix workers’ compensation attorney, consult the best workers compensation lawyers in Phoenix, AZ,call Arizona Injury Law Group at 602-346-9009 right away.