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Can You Collect Workers Comp after Being Fired?

Suffering from a work injury in Iowa can leave you in physical and financial distress. If your job depends on your physical well-being, you may not be able to return to work for a significant period after your injury occurs. If you filed for and are awarded workers compensation benefits, you’ll receive up to 80 percent of your lost wages while you’re on leave, but there’s no guarantee that you’ll keep your job.

Although your employer can’t fire you for filing a workers comp claim, there’s still a possibility of you getting fired or laid off while you’re on leave. Because you’re receiving benefits while you’re away, your employer can treat you as any other employee. An employer isn’t required to give a reason for why they fired you, as long as the reason isn’t discriminatory.

If you get fired while collecting worker comp benefits, you may wonder whether you can continue to collect those benefits after leaving your job. Discussing your case with an Iowa workers comp lawyer will make it easier for you to maximize your benefits and keep those benefits for as long as possible.

Getting Fired While on Workers Comp Leave

You may get fired while on workers comp leave if your employer doesn’t have the option to keep your position open for you. It’s also possible that your employer can’t accommodate your return-to-work restrictions if you don’t reach maximum medical improvement, in which case they must replace you with someone else. In this case, your employer would communicate with the claims specialist.

Your Doctor Determines Your Workers Comp Benefits

Even if you’re fired while on workers comp leave, you’ll continue to receive workers comp benefits until your doctor determines you’re eligible to return to work. There are various types of disability and unemployment benefits that may apply to your situation, which is why it’s important to have a lawyer by your side.

When Your Workers Comp Benefits May Stop

Your workers comp benefits may stop if your doctor determines you’re no longer disabled and can return to work. If you’re able to return to work but choose not to, then you have no reason to receive disability benefits. Even if you get fired by your previous employer while on workers comp leave, you can find a new job once you receive clearance from a doctor.

Discussing Your Case with an Attorney Can Help

If you believe you’re still disabled but are having trouble receiving the benefits you deserve, discussing your case with an attorney can help. You should also speak with an attorney if you think your employer fired you without rightful cause.

The workers comp claims process can be complex, but when you have a strong team of lawyers negotiating on your behalf, you’ll have a better chance of collecting benefits until you can return to work.


About the Author:

Pothitakis Law Firm P.C.


For the last two decades, Nicholas Pothitakis has been making certain that the Iowans he represents get the support, resources, and money they deserve after being injured in an Iowa work or traffic accident. With offices in Burlington and Keokuk, Iowa, Mr. Pothitakis and his staff at the Pothitakis Law Firm are dedicated to fighting for the rights of their injured clients.... View full business profile here: Pothitakis Law Firm P.C.





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