Can My Employer Fire Me If I’m on Workers’ Comp?
Many employees fear filing for workers’ comp due to the belief that that their boss will fire them. However, that is not the right move to make. If you suffered an injury at work and you want to protect your job, you need to make that request. It is essential that you protect your health while at work. Otherwise, you may cause yourself more harm. If you do not treat an illness or an injury and you continue to work through it, it may worsen. If this happens, you may lose your eligibility for Boise, ID workers comp. That happens when you fail to report it in good time.
Can your employer fire you when on workers’ comp? Yes, he can. However, that exposes him to a lawsuit if there are no adequate reasons for doing so. So in reality, it is unlikely that he will do that if it is within 90 days. It is best that you report your injury immediately to get all the benefits. In case your employer decides to terminate your employment, you need to get a Boise, ID workers’ comp lawyer. He should help you file a lawsuit for wrongful termination that will get you even more compensation.
Workers’ Comp Law in Idaho
Employers in Idaho for both the public and private sector are required to provide workers’ comp by law. A business needs to have workers comp policy when it has any employees. It doesn’t matter whether they’re hired on a full or part-time basis. However, there are some exemptions under Idaho laws. They include:
- Domestic workers whether in the home or on a farm.
- Real estate salespeople who receive payment only on commission.
- Casual employees who do not work for any company.
- Ski patrollers who are volunteers, hence not officially employed.
- Pilots of planes that spray farms.
- People who work in a limited company and own at least 10% stock in the company.
Unless you are among the mentioned, your employer should have a workers’ comp policy. You are allowed to report your injuries and file for compensation within 60 days of the event. In Boise, ID, if you wait longer, you may lose your right to make the request. That is because your employer can argue that your injuries were related to work. Once you file the claim, your employer’s insurance provider should pay for all necessary and reasonable treatment.
Can I Be Fired If I’m on Workers’ Comp? How Can a Workers’ Compensation Lawyer Help?
Your employer needs to have a good reason for firing you before doing so. However, he doesn’t have an obligation to hold your job until you get well under Idaho laws. Therefore, it is possible to lose your job while you are away on workers’ compensation.
However, if your Boise, ID employer fires you for filing a workers’ comp claim, then that is wrong. You can consult your lawyer on the issue to find a way to get justice. It is your right to obtain medical compensation after being injured while at work. Your employer will, of course, not tell you that you are getting fired for reporting the injury. You can, however, know when you are wrongfully terminated, and that is why you should talk to an attorney.
When Can I Be Fired While on Workers’ Comp?
You can still get fired while on workers’ comp. This is because the employer also has rights. Therefore, the employer can rightfully fire you while you are on workers’ comp. He can easily explain that your absence has led to a decline in work, hence the need to replace you.
However, many employers wait up to 90 days before replacing you to avoid lawsuits. If you are a contracted employee, your boss may take up to six months before firing you. If you feel that your employer wrongfully terminated you, you can always file a lawsuit through your lawyer. He will help you come up with a suitable defense to help you get compensation in Boise, ID.
Contact Workers’ Comp Attorney Today
The law does not restrict your employer from firing you while on workers’ comp, but you still have options. Your Idaho workers’ comp lawyer will find a suitable argument that will help in showing that your boss wrongfully terminated you. Call Joe Frick Law PLLC in Boise, ID today to schedule a consultation about your case. We have experience in dealing with such matters so we will find a suitable solution for you.