Can You Get Fired for Missing Work Due to Injury?
It is possible for your employer to fire you for missing work due to an injury under certain circumstances. There are many factors that could determine if your employer has the legal right to terminate you, including whether the injury occurred while on the job.
The primary issue that will determine whether your employer has the right to terminate you is the state in which you live. Some states have entirely at-will employment, which means an employer could fire you for almost any reason. Other state laws recognize implied contracts between employers and employees that could protect you from termination.
Regardless of whether your employer terminates your employment, you have the right to seek compensation for your injuries from the at-fault party. A successful injury claim could compensate you for your lost wages as well as your medical bills, among other things. Speak with the Los Angeles personal injury lawyers of Ellis Injury Law to learn more about your rights following an injury.
Termination due to injury
Whether or not your employer has the legal right to fire you depends on multiple factors. The first factor to consider is whether or not you are subject to an employment contract. If you are under contract, the language of the agreement will determine if your employer can terminate you due to an injury. If you are not under contract, your employer could have the ability to fire you for any reason.
You could still have some rights even if you are not under a written contract, depending on the state you live in. While some states treat all employment as at-will, other states recognize implied contracts. States like California assume most employment is at-will, but certain actions could create an implied agreement that protects you from unreasonable termination.
Serious injuries that could result in missed work
Whether or not an injury will prevent an employee from working depends on both the nature of the injury as well as the physical requirements of their position. Some positions are more physically demanding than others. While an office job or other position that consists primarily of seated work could allow an injured person to do return to work quickly, more physical positions could be virtually impossible with an injury.
Some injuries are more likely than others to cause a person to miss work. Injuries that make it difficult to sit, walk, stand, or carry heavy objects routinely cause problems at work. Other injuries that make it difficult to speak or concentrate can also be problematic. Some examples include:
- Leg injuries
- Spinal cord injuries
- Traumatic brain injuries
- Hand injuries
- Eye injuries
If you are fired from your job due to a physical injury, it is more important than ever that you protect your right to seek compensation for your injuries. A personal injury claim could provide compensation for your medical bills, particularly if you find yourself without the safety net of employer-provided health insurance. Your personal injury lawyer can help you pursue your claim and recover the compensation necessary to make you whole.
Speak with a dedicated injury attorney about your rights
Losing your job due to an injury is unfair and unreasonable, especially in cases where the injury occurred on the clock. While you could have legal recourse for wrongful firing, you also have the right to pursue legal action based on your underlying injury. If the negligence of another person is responsible for your injury, you could hold them accountable through a civil lawsuit.
Experienced personal injury attorneys can help you obtain the best possible outcome in your injury claim. The attorneys of Ellis Injury Law have extensive experience recovering compensation for medical bills and lost wages. To discuss your claim, schedule a free consultation right away.