Attorney Brenda Moses discusses keeping your benefits even if you have been fired.
Unfortunately, in Virginia, your employer can fire you even if you are out of work with a workers’ compensation claim, unless there is a contract that says otherwise, like a union agreement. Unless there is a specific agreement between the employee and the employer, an employer can fire someone who has been hurt at work. The justification for this is not that you are being fired for being hurt at work, but rather that the employer needs someone to do the job, and you can’t do it anymore. While being fired due to your work injury doesn’t stop your workers’ compensation claim, it is a very upsetting result if you lose your health insurance or other work benefits. If you are being fired or laid off because of your work injury, please call us – there are steps that should be taken to protect your workers’ compensation claim and to make sure that you are getting all the benefits that you can.