Page 1

Can my employer terminate me while I am on Workers’ Compensation? Phoenix, Arizona – May, 2018 – Employees who are injured on the job can claim workers’ compensation for medical expenses and lost wages during recovery. However, it is not uncommon for workers to worry whether their employer can fire them during this period. While Arizona law offers no protection to injured employees from termination while they are receiving workers’ compensation, an employer CANNOT fire an employee simply because s/he has filed a workers’ comp claim. If you believe you or a loved one has been wrongfully terminated because of filing a workers’ comp claim, consult an experienced attorney at Arizona Injury Law Group. Here is some important information about the situation in which an employer can legally terminate its employees who are on workers’ compensation benefits. Fire At-Will Many workers are “at-will” employees. This means there is no contract or agreement that specifies the term of their employment and both the employee and employer can discontinue the employment relationship at any time, with or without notice. However, there are some exceptions that protect employees on workers’ compensation benefits. These include – Employment Contract The terms of “at-will” employment do not apply if the employee is hired under an employment contract. However, to be considered a legitimate agreement, an employment contract must be:    

A written agreement signed both by the employee and the employer. An agreement outlined in the employment handbook or manual that clearly states that it is intended to be an employment contract. A written document and must be signed by the employer stating you will be employed for a certain period. The contract should clearly state whether your job is protected when you are collecting workers’ compensation insurance.

Retaliatory Termination While an employer does not have to provide a reason to terminate an “at-will” employee, it cannot be in retaliation or simply because the worker has applied for or is collecting workers’ compensation benefits. But it may be difficult for you to prove you were fired in retaliation because you filed a workers’ compensation claim unless you have definitive evidence. You can use performance reports or your employer’s personal statements that show that you were fired simply because you filed or are collecting workers’ compensation benefits. If you suspect that you have been fired in retaliation for filing a workers’ compensation claim, contact a work comp attorney right away. Remember that you only have one year to file a wrongful termination claim in Arizona. Discrimination


Your employer can terminate your employment if you were disabled in a work-related accident and can now no longer perform your job. But if you can still perform your job with reasonable accommodations, your employer cannot fire. In this case, you can file a charge of discrimination with the Equal Employment Opportunity Commission and Office of Americans with Disabilities. Your workers’ compensation benefits do not end if you are fired, regardless of the reason, until you have recovered or reached Maximum Medical Improvement. To learn more, consult an experienced Arizona workers compensation attorney at Arizona Injury Law Group; call 602-346-9009. At Arizona Injury Law Group, you deal directly with a workers’ compensation lawyer and not an assistant.

Can my employer terminate me while i am on workers’ compensation  

Employees who are injured on the job can claim workers’ compensation for medical expenses and lost wages during recovery. However, it is not...

Can my employer terminate me while i am on workers’ compensation  

Employees who are injured on the job can claim workers’ compensation for medical expenses and lost wages during recovery. However, it is not...

Advertisement