If you are hurt while working, it is natural to wonder whether you will still have a job by the time you recover. In most cases, workers’ compensation facilitates recovery, and injured workers return to work once they have healed, but can you be terminated while on workers’ comp in San Diego, CA? The answer is yes, but only under certain circumstances.
Can You Be Terminated While on Workers’ Comp in San Diego, CA?
San Diego is known as one of the most beautiful places in California, with year-round pleasant weather and a thriving local economy. However, workplace accidents can happen unexpectedly in any industry, and if you have recently been injured at work, you are likely worried about whether you can be terminated while on workers’ comp in San Diego.
The Bureau of Labor Statistics reports that in 2023, there were 363,900 nonfatal workplace injuries reported by private industry employers in California, and 236,700 of these were deemed severe. Additionally, there were 439 fatal work injuries reported in California in 2023. It is crucial for all workers in all industries to know their rights when it comes to seeking workers’ compensation benefits and their employers’ obligations when injuries happen.
In California, an employer has the right to fire an employee for a legitimate reason, such as poor performance or restructuring their organization and eliminating the position. They cannot, however, have discriminatory biases in their firing decisions. This means that if you are hurt and need time to recover on workers’ compensation, your employer cannot fire you simply because you were injured.
Most employers will keep an injured worker’s position available for them to resume working after their recovery. In some situations, employers may need to hire temporary employees to maintain productivity. Some employees may return from workers’ compensation and be unable to resume their previous positions, but their employers may have alternative jobs waiting for them.
If an employer does have a legitimate reason to fire an employee who is out on workers’ compensation, it will not terminate the fired employee’s benefits. They will continue to receive workers’ compensation benefits until they reach maximum medical recovery from their injury.
Know Your Rights as an Employee in San Diego
Filing a workers’ compensation claim in California is a legally protected action, and an employer cannot retaliate against the employee for filing such a claim. Additionally, if the employee must take time away from work to recover, their employer is typically required to ensure at least 12 weeks of unpaid leave under the Family and Medical Leave Act and the California Family Rights Act. There are many protections in place at the state and federal levels for injured workers.
If you have been fired while on workers’ compensation in San Diego, you need to speak with an experienced attorney as quickly as possible. Your legal representative can assist you in determining whether you have grounds to pursue legal recourse against your employer. The Diefer Law Group can not only provide comprehensive legal counsel for a workers’ compensation claim in San Diego, but we can also provide employment counsel if your employer violates your rights.
FAQs
Q: Can an Employer Fire an Employee While on Workers’ Comp in California?
A: Technically, yes, an employer can fire an employee while on workers’ comp in California, but their injury cannot be the reason for the firing. Most employment in California functions on an at-will basis, meaning employees and employers can terminate work relationships at any time with or without reason, but an employer cannot discriminate against a worker and fire them because they must take leave for an injury.
Q: How Much Can I Receive in Workers’ Compensation Benefits?
A: The total amount you can receive in workers’ compensation benefits will depend on the severity of your injury and how long it prevents you from working. A successful workers’ compensation claim can provide full coverage of your medical expenses, and you can receive ongoing disability benefits for the time you are unable to work. An experienced attorney can help to ensure you receive appropriate benefits from your employer’s insurance carrier.
Q: What Happens if a Work Injury Is Fatal in San Diego?
A: If a work injury is fatal in San Diego, the family of the victim can receive death benefits from the employer’s insurance policy. The Bureau of Labor Statistics recorded 439 workplace fatalities in California in 2023, and it is possible for many injuries at work to be life-threatening. If you are unsure what to do after a family member’s death in a workplace accident, consult a San Diego workers’ compensation lawyer right away.
Q: Is My Job Protected While on Workers’ Compensation in California?
A: Generally, your job is protected while you are on workers’ compensation in California, meaning you should be able to return to your position once you recover. However, your employer may need to hire a temporary replacement, or the company may restructure during your absence, and your previous position may no longer be available. It is also possible for your employer to terminate you for legitimate reasons outside of your work injury claim.
Q: Why Should I Hire a San Diego Workers’ Compensation Lawyer?
A: You should hire a San Diego workers’ compensation lawyer so you are prepared to face any unexpected complications that arise with your claim. The right attorney can not only make the claim filing process easier, but they can also resolve disputes with your employer and/or their insurance carrier. You are more likely to reach a positive conclusion to your case when you have experienced legal counsel on your side.
The attorneys at the Diefer Law Group understand that you are likely to have many concerns about job security after an injury at work in San Diego. In every case we accept, our goal is to protect our client’s rights and maximize their compensation. If you have questions about your workers’ compensation claim in San Diego, contact us today to schedule a free consultation and learn how we can assist with your case.
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