When you got hurt on the job, you were frustrated with the fact that others weren’t careful around you. You ended up with a head injury that required weeks off the job, and you haven’t been able to return full-time.
While workers in your kind of position may be able to return to work with accommodations or with a change in your position, some find that their employers are not as reasonable as they’d expect. In fact, workers who have been hurt at work are more likely to lose their jobs than those who haven’t been injured.
Is it legal to lose your job if you were hurt at work?
An employer can’t terminate you for filing a workers’ compensation claim against them. They also have to provide you with reasonable accommodations when you return to work, assuming that those accommodations aren’t unreasonable and don’t have a negative impact on the employer.
Whether or not it is legal to terminate your role after you return to work will depend on the specifics of your situation. For example, if you have difficulty making it through your shifts, the employer should offer to work with you on reducing your hours or moving you to a different position that you’re qualified for. If they cannot do this or you’re unable to do the job with the supports they offer, it may be possible that they could terminate you from your role.
Your workers’ compensation claim may come with support to help you train for a new vocation. Vocational rehabilitation aims to get you back into your job, but if you cannot go back to it, you should have the support you need to train for a new role that you can do. In the case that you find you can’t work full-time positions or are unable to financially support yourself through work because of your injuries, you may have additional options like applying for disability benefits.
This is a complex situation. While it’s generally not legal to terminate someone who was hurt on the job, there are exceptions. You need to know your rights to know how to move forward.