On an annual basis, roughly 2.3 million workers across the world suffer workplace accidents. While many of these incidents lead to minor injuries that require little or no time away from the workplace, some workers unfortunately sustain serious injuries. After you experience a serious workplace accident, the last thing you want to be thinking about is your job stability. Sadly, some employers may attempt to fire workers in the weeks or months after an incident that leaves the employee unable to perform their role.
Before we begin, please remember that this article is intended to provide general information only. It is not intended as legal advice or a solution to your particular situation, and you should always speak to a trusted attorney about the merits of your case.
When Can a Business Legitimately Fire an Injured Employee?
In an ideal world, an employee would have all the time they need to recover before returning to their position. However, employers argue that they cannot leave positions unfilled for an indefinite length of time, even at the cost of firing an injured employee. To do so, they must be careful not to violate workers’ compensation, the Family and Medical Leave Act (FMLA), and disability discrimination laws. If your employer terminates your employment and violates one or more applicable laws, you may have the basis of a successful lawsuit.
Connecticut Workers’ Compensation Act
The first law that we’ll discuss is the Connecticut Workers’ Compensation Act. This act protects employees from dismissal or retaliation for filing a workers’ compensation claim or otherwise exercising their rights. The Connecticut Workers’ Compensation Act also states that if light-duty work is available when an employee suffers an injury that keeps them from performing their normal role, the employer must transfer the employee to a light-duty role. This applies only if the worker is qualified for the new position, recovering from their injury, and such light-duty work is already available.
The company is not required to create light-duty work for an injured employee or make light-duty accommodations into a permanent position. If you, as an injured worker, turn down an offer of suitable light-duty work, you may lose the right to collect workers’ compensation wage benefits. This may also give the business grounds to terminate your employment if you’ve exhausted leave available through FMLA.
Family & Medical Leave Obligations
In general, FMLA allows eligible employees to take a leave period of up to 12 weeks over a full year. This leave is meant to account for situations that include serious health problems. Both the employer and the employee may have an absence designated as FMLA leave if the worker is out due to an injury. If an employee is on an FMLA leave, the business cannot force them to accept light-duty work.
Americans with Disabilities Act
The ADA and similarly-oriented Connecticut laws prevent businesses from discriminating against qualified individuals with a disability. This does include work-related injuries. Although, per the ADA, an employer is not required to change a position’s essential functions, they must make “reasonable accommodations” for the worker. This can include eliminating or modifying non-crucial elements of the employee’s regular job.
The company is not required to make such modifications permanent, nor are they required to perpetually employ the injured worker. If the company has no light-duty work and the employee has used all of their FMLA leave, the business may be able to legally terminate the worker’s employment. The reason for the employee’s dismissal must be verifiable and non-retaliatory.
Some reasons that an employer may typically present for discharging a worker include:
- A doctor confirming that the worker will never be able to resume their role
- The employee commits workers’ compensation fraud
- The employee cannot perform the core functions of their job despite reasonable accommodations by the employer
- The employee is discharged by their treating physician but does not report their ability to return to work
- The injured worker’s position is eliminated due to company downsizing
What to Do If You Believe Your Employer Violated Employment Laws
If you believe your employer violated one or more of the above regulations and terminated your employment unlawfully, it’s essential that you speak to an attorney in your home state as soon as possible. Every state’s statute of limitations on workers’ compensation situations is different, but it’s almost always in your best interests to have your case reviewed promptly. A workers’ compensation lawyer, such as those at Jacobs & Jacobs, will be able to advise you on your legal options and help you pursue a path that hopefully leads to compensation for your experience.