Can you be fired while on workers comp in Michigan?

Michigan lawyer explains why you can be fired while on workers’ comp and important exceptions to know about.

Many of our clients want to know the answer to the question “can I be fired while on workers’ comp”? They are concerned about losing seniority, pension contributions, group health insurance, and other fringe benefits. Who else will hire them if they are stuck with permanent disability?

It is an understatement to say that a workplace injury can present challenges. This is especially true when an entire family is relying upon you for support. Here is some information about protecting legal rights when terminated from the job.

Workers’ comp is not a perfect system and it can be downright unfair. It is a compromise of employee and employer interests. Employees hurt on-the-job are guaranteed medical treatment, lost wages, and vocational rehabilitation if needed. In exchange, employers receive immunity from civil lawsuits and do not have to pay additional damages for their negligence.

Many employers will keep a job open for a period of several months but will eventually need to fill the position. This is common if work restrictions prevent an employee from returning for an extended period. There is nothing in the workers’ comp law that guarantees future employment. However, employers must continue paying wage loss benefits while disability is ongoing.

Employees who are fired while on workers’ comp are entitled to have the value of discontinued fringe benefits included in their weekly comp rate. Items like health and accident insurance, housing/food/travel allowance, pension contributions, and even sometimes vacation pay can be factored into this calculation. This will add significant value to a workers’ comp claim but it cannot make weekly benefits exceed two-thirds of the state average weekly wage.

Can I be fired while on workers’ comp in Michigan?

Yes, you can be fired while on workers’ comp in Michigan as there is nothing in the workers compensation law that protects your employment. However, your employer cannot fire you in retaliation for seeking workers compensation benefits. This is against the law and you can get damages beyond workers compensation benefits. This can be triggered by simply asking for medical or wage loss under workers’ comp. Watch out for employers who make up phony reasons that are used as a pretext to stop employment. It is possible to sue for wrongful termination under these circumstances.

Your employer may also have other legal obligations under the Family and Medical Leave Act (FMLA). This is a federal law that protects some employees with health problems. It provides up to 12 weeks of unpaid leave. Firing someone in violation of FMLA could lead to a separate employment lawsuit with additional damages.

It is also possible for a disabled employee to be covered from being fired while on workers’ comp under an employment or union contract. This may provide additional rights that are not given under workers’ comp law. Filing a union grievance can help protect employment status. It is important to speak with an experienced attorney when faced with this situation.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.

Related information:

Can you get workers’ comp and unemployment at the same time in Michigan?

Michigan workers’ compensation lawyer provides answers to the question “can you be fired while on light duty?” and explains your legal rights.

The toughest part of my job is seeing bad things happen to good people. Unfortunately, this seems to be commonplace in the Michigan workers’ compensation system. It seems the deck is stacked against injured employees in our state. Here is an example of a recent case that we took on and hope it provides some insights should you be fired while on light duty.

A nice woman called our office and explained how she was laid off while on restrictions. She was still dealing with the consequence of a workplace shoulder injury. Apparently, her company went bankrupt and was purchased by a new company that wanted to get rid of all their partially disabled employees. She was not given any wage loss benefits and told to hit the road. Here is some information about workers’ compensation when you are fired while on light duty.

Laid off while on light duty

Employers are given a powerful incentive to bring their disabled employees back to work. They do not have to pay wage loss benefits if they provide a job within restrictions. This is called “favored work” or “reasonable employment.” It must be a job that is a reasonable distance from home that poses no danger to health or safety. Failure to accept this job will result in a forfeiture of wage loss benefits.

Problems occur when the employer no longer wants to accommodate restrictions. They can send their employee to an independent medical examination (IME) and get a written medical opinion saying restrictions are no longer needed. The employee is then given a choice of returning to unrestricted work or losing their job.

It is very important to speak with an experienced lawyer about workers’ compensation when laid off while on light duty. A lawsuit can be filed seeking additional wage loss benefits based upon treating medical evidence. Most of these cases are eventually settled for a lump sum cash payment.

In Michigan, you can be fired while on light duty unless protected under federal law or an employment contract. The law does not guarantee employment when you are hurt on-the-job. However, wage loss benefits under workers’ compensation must still be paid while you are disabled.

Bad employers try to escape paying wage loss benefits by making up a pretext to fire someone. If an employee is fired because of their own fault, it will be argued that no wage loss benefits are owed because they removed themselves from the job. This is very common when an employee fails a drug test. We have also seen it when past employment issues are suddenly resurrected and used as an excuse to terminate employment.

We all know that employers can find any excuse to fire someone. It is important to challenge these bad actions and hold the employer accountable. If you were fired while on light duty it may possible to file a separate lawsuit for wrongful termination and seek additional damages. This is especially true if an employee was retaliated against for simply asking for workers’ compensation benefits under Michigan law.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.

Related information:

Can You Reopen A Closed Workers’ Comp Case?

How long can you stay on workers comp in Michigan?

Can you sue for wrongful termination in Michigan?

What if an employer Cannot accommodate work restrictions Michigan?

Can workers comp stop paying without notice in Michigan?