Can I Be Laid Off While On Workers' Comp Leave?

If you were recently laid off while on workers’ compensation leave, you might be wondering if this action is illegal and if you have a case against your employer for doing so. The short answer is that it all depends on the specific details of your case and what your employer’s reasons were for laying you off.

In the United States, there are laws that prohibit employers from retaliating against an employee who requests or receives workers’ compensation benefits. Therefore, an employer cannot fire, lay off, demote, harass, or take any other actions against an employee for simply exercising what is well within his or her rights. If your employer retaliates for this reason, you can sue him or her.

However, this does not mean your employer absolutely cannot lay you off while you are on workers’ compensation leave. For example, if he or she would have laid you off even if you were still on the job, you would not have a viable case. The law does not provide special treatment to individuals who are receiving workers’ compensation benefits, so you would be subjected to the same treatment any other employee would face.

If you believe you were specifically targeted for a lay off because of your situation, it is crucial to contact your state workers compensation board and to obtain legal representation to protect your rights.

Workers’ Compensation Attorneys in Montana

If you were injured on the job and believe your employer retaliated against you for being on workers’ compensation leave, you will need an experienced legal advocate on your side. At Odegaard Miller Law, PLLC, we can provide the counsel you need no matter what your situation is. Backed by over 75 years of experience, you can trust that your case will be in good hands with us.

Reach out to us today at (406) 640-4441 to schedule a free case evaluation with a knowledgeable member of our legal team.