Job protection is a major concern, particularly when you are already out of work because of a work-related injury. This could leave you wondering, “Can you be laid off while on workers’ comp in California?” Perhaps surprisingly, yes, it is within an employer’s legal rights to lay off an employee while they’re on workers’ compensation benefits. However, there are exceptions to this; your employer cannot violate your rights and protections under state labor laws.
For example, you can’t be fired based on your impairment caused by a workplace injury. Be sure to promptly speak with an experienced Palm Springs workers’ compensation lawyer if you believe your employer may have unlawfully dismissed you from employment.
Workers’ Compensation Lacks Job Protection in CA
California employment laws provide most workers across all professions with certain rights. These include the right to take necessary family or medical leave and to receive workers’ comp benefits after sustaining an injury while on the job.
With these rights, workers are also afforded certain protections, such as the inability to face retaliatory termination for requesting, applying for, or taking leave and being on workers’ comp. While taking qualifying leave from work includes a moderate period of guaranteed job protection, workers’ compensation does not. Actively receiving workers’ comp benefits does not protect the employee from being laid off, fired, or replaced.
If terminated from employment while on workers’ comp, you will continue to receive temporary benefits until no longer eligible or indefinitely if you are awarded permanent disability payments. An employer’s right to include a worker in a mass layoff or fire them for various lawful reasons does not mean they can terminate you for filing for workers’ comp or suffering work-related injuries.
Valid Reasons for Termination While on Disability Benefits
An employer can exercise their discretion and fire a worker for lawful reasons. When a worker is receiving temporary or permanent disability benefits, they aren’t invulnerable to termination, but they can’t be fired for retaliatory reasons related to their injury. If the resulting disability makes returning to your job impossible, your employer is within their rights to replace and terminate you.
Valid reasons for termination include poor work performance, company downsizing, violating company policies, or the worker’s permanent disability, which renders them completely unable to return to work. Retaliatory action or any action that violates the terms of your employee contract is prohibited by law. Although it can be difficult to prove an employer’s motives, consulting a lawyer if you suspect wrongful termination can help protect your employment rights.
You may not have job protection, but there is a California statute asserting that if an employer discharges or otherwise takes negative administrative action against a worker within 90 days of them engaging in protected conduct, there is a presumption of retaliation. If you’re laid off too quickly after going on workers’ comp, it may be easier to prove wrongful firing.
How a Proficient Workers’ Comp Lawyer Can Help
Unfortunately, several hurdles can arise when employees try to get the workers’ comp benefits to which they’re rightfully entitled. Many claims are turned down and include valid cases being initially denied. Workers may face fear of termination or retaliatory action from their employer, leading them to abandon their claim. Other injured employees are told by doctors, selected by the insurance company, that they’re clear for work even when they’re not yet physically ready.
It’s crucial to have the professional assistance of an experienced workers’ compensation lawyer on your side. Your attorney can ensure your filed claim is taken seriously, that your rights aren’t violated, and at the least, that the costs of your medical bills are covered by workers’ comp.
FAQs
Is My Job Protected While on Workers’ Comp in California?
In California, there’s no job protection for employees while receiving workers’ compensation. Job protection affords an employee a standard period wherein they can return to their role or a similar position without suffering repercussions. While those on workers’ comp don’t have job protection, they cannot be fired because they get injured or request workers’ comp. Also, if a worker is terminated within 90 days of receiving compensation benefits, the court presumes the employer is acting in retaliation.
Can I Be Terminated While on Workers’ Compensation in California?
California employers reserve the right to terminate a worker as long as it’s for lawful reasons. An employer cannot fire a worker based on reasons that violate their constitutional rights and civil protections, including retaliatory action/discrimination against a worker’s injury, medical condition, or disability. An employer may lay off a worker who’s on workers’ comp benefits if they’re downsizing, the worker has a history of poor job performance, they’ve been permanently disabled and unable to return to work, etc.
Can I Get Another Job While Working on a Workers’ Comp in California?
California workers have the right to change employment at any time, including while receiving the benefits of workers’ compensation from their current employer. If a worker decides to leave their place of employment, there should be no impact on their access to workers’ comp benefits as long as they still qualify. If leaving their place of employment is in violation of their employee contract, this may restrict their ability to find a new job or result in legal issues.
How Long Can I Be Out on Workers’ Compensation in California?
How long you may receive workers’ compensation benefits in California depends on your average weekly wage before the injury, how long it takes to recover or reach the maximum point of medical recovery possible, whether you’ve been permanently disabled, and to what degree.
You’ll first receive temporary disability benefits, which either end when you’re approved to return to work or after 104 weeks have passed since the injury date. If you are still disabled after this period, you may qualify for permanent benefits.
California Workers’ Comp Lawyer
At English Lloyd & Armenta, we’ve helped numerous clients from varying professions and industries secure their right to workers’ compensation, retaining benefits while still eligible, and representing workers against issues of wrongful termination. Reach out to our professional legal team today to discuss your circumstances with a competent workers’ comp lawyer.