Fired While on Workers’ Comp Leave? Your Next Steps

If you have been fired while on leave and on workers’ compensation, you probably want to know your next steps. You will need to gather documentation, look for a new job, and talk to a lawyer, all in a short time. By taking action quickly, you are more likely to land on your feet quickly.

  1. Document Everything

Keep track of all written documentation relating to your injury and your termination from employment. These documents could help demonstrate that you were fired because of your injury or your physical restrictions. Documents you should keep include:

  • Medical records, including doctor’s notes that you took to work
  • Emails from your employer
  • Texts from your employer
  • Letters or paperwork from your employer
  • Any workers’ compensation paperwork you received

In addition, take notes about any in-person or telephone conversations you have with people at your former job. For instance, if your manager fired you during a phone call, write down the date and time of the call, plus everything you remember that was said. Again, this could help demonstrate a link between the injury and the termination.

  1. Look for a New Job

Yes, you just got fired and looking for a new job may be the last thing you want to do. But the workers’ compensation insurance company will question you if you do not look for work even though you are capable of doing it. It may even use the lack of a job search as a reason to end benefits.

Fortunately, workers’ compensation includes benefits that help with vocational rehabilitation – getting back to work. You can receive job coaching, help with the job search, and maybe even retraining for a different industry. Talk to your lawyer to learn more.

  1. Get a Lawyer

Last but not least, if you have been fired while on workers’ comp leave, then you probably need a lawyer. Your documentation that you gathered might show retaliation for reporting your work injury. Or there might be a violation of disability accommodations laws. Moreover, your employer may have done other things wrong, such as misreporting how the injury happened or your pay. A lawyer can review your individual circumstances and assist you with getting the benefits you need.

Are you struggling since suffering a work injury and then getting fired? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.