Fired for Alleged Misconduct After a Workers Comp Injury
An employee on workers compensation returned to work on light duty. Shortly after they returned to work, the employer claims that two co-workers complained that the employee was swearing, and fired the worker. The employee claims that the allegations are false. How can the employee seek recourse for the termination, and how does getting fired affect his workers compensation benefits?
Re: Fired for Alleged Misconduct After a Workers Comp Injury
If the allegations are false, and especially if the employee believes that it may be possible to prove that no employees made complaints or that the employees were asked or coerced into doing so by the employer, the employee should discuss the termination with an employee-side labor lawyer.
A for-cause termination would normally cut off any right of the worker to get temporary total disability (TTD) benefits, as a means of preventing fraudulent claims; but it should not otherwise affect other benefits, such as medical benefits.