Unemployment and Workers Compensation Claims

Springfield, Jefferson City, Columbia

When you file a workers’ compensation claim, you have legal protections. This includes protection against retaliation and being fired because of workers’ compensation claims. Fear of negative consequences is one of the most common reasons workers’ comp lawyers see people hesitate to file claims for workers’ comp after a job-related injury. Injured workers fear for their job security. What do you need to know about your rights when it comes to workers’ compensation and unemployment?

Can I be fired for filing a workers’ compensation claim?

The short answer: yes.

It is illegal for an employer to fire you because of your workers’ compensation claim. However, you can still be fired while on workers’ comp. If you are fired while on workers’ compensation, it can be difficult to prove that as the reason for your termination. Employers will often use another excuse to avoid facing penalties.

Workers' Compensation

Can I receive unemployment and workers’ comp benefits?

Workers’ compensation is, essentially, replacing your wages for the time period you cannot work. Unemployment pays benefits but only if you’re available to work and looking for a new job.

Because of this, you’re unable to collect both workers’ compensation and unemployment. In essence, you would be collecting two separate replacements to typical paychecks.

Additionally, trying to claim unemployment benefits might negatively impact your workers’ compensation claim. If you’re requesting workers’ compensation, it’s because you are unable to work due to a workplace injury. If you’re applying for unemployment, it’s implying that you’re actively looking for new work. Making a claim for compensation because you cannot work while actively looking for new work doesn’t translate well.

What do I do if I have been fired?

If you have been fired while on workers’ compensation and suspect that you have been terminated because of this, you can pursue legal action.

Hiring a workers’ compensation attorney will be the best place for you to start. They’ll be able to walk you through the facts of your case and whether there is enough evidence to pursue a case.

Schedule Your Free Consultation

At Tolbert Beadle, LLC, our workers’ comp lawyers have the knowledge and experience to give you the best chance at fighting for the compensation you deserve. Make sure to have our team and resources on your side. Contact us for a free consultation.