![]() Fired After Returning to Work on Work Restrictions Sadly, workers compensation does not offer job protection but, depending on your situation, you may be able to continue receiving workers compensation if the doctor releases you to some form of light duty work. If you are terminated from your employment while the doctor has you out of work, workers compensation can still pay you while the doctor says you are unable to work. Fired While the Doctor Has You out of Work The attorney may be able to fight this but it can be a lengthy legal process and you don’t want to try and fight this on your own. The employer may be able to terminate you for a violation of their drug policy but you still may be able to receive Virginia Workers Compensation if the drugs or alcohol did not “cause” the accident. If you are fired because you tested positive for drugs or alcohol at the time of the accident, you need to contact an experienced workers compensation attorney immediately. Employees are protected from this type of abuse when filing a worker’s compensation claim because of the ability to file a cause of action against the company. By filing such a claim, the employee must prove to a judge or jury that it’s more likely than not that he or she was wrongfully terminated.Įven if the employer does not go to the extremes of firing the worker, there could be other types of discrimination that are just as illegal such as demotion. This means a worker can file a claim for retaliatory discharge. Many states take the extra step of guarding injured employees by allowing civil actions against offending companies. Some companies show their disapproval of the use of worker’s compensation by blatant discrimination or even unjust termination of employment. Illegality of Unjust Termination of Employment If you feel you need a labor and employment attorney, please contact my office and my staff can put you in touch with an attorney who can assist with this. You may need to contact an attorney who handles labor and employment matters. It DOES NOT regulate employers or their actions. ![]() Workers compensation only addresses the injured worker’s lost wages and medical benefits. You may recover actual damages plus attorney’s fees in this type of suit, however, this is separate from your workers compensation claim. If you were fired as retaliation for filing a workers compensation claim, you may be able to file suit against the employer (Section 65.2-308 of the Code of Virginia). Here is what you need to know: Retaliation Is Not a Legitimate Reason for Termination ![]() Sadly yes, you can be separated from your employment but only within certain limitations. So, you were hurt at work in Virginia and were terminated. If you are fired because the doctor says you cannot work, workers’ compensation can pay you while you are out of work.An employer can fire you for violating their workplace drug regulations, you still may be able to receive workers’ compensation if the drugs or alcohol did not “cause” the accident. If you are fired because you tested positive for drugs or alcohol at the time of the accident, you should contact an attorney.Some companies show their disapproval of the use of worker’s compensation by blatant discrimination or even unjust termination of employment. ![]() If you were fired as retaliation for filing a workers compensation claim, you may be able to file a lawsuit against the employer. ![]()
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