Worker’s compensation is a system designed to assist workers who have become sick or injured at work. The Michigan Workers’ Disability Compensation Act is regulated by the Michigan Department of Labor and Economic Opportunity.
Despite laws preventing employers from firing employees who file for workers’ compensation benefits, wrongful terminations still occur. Read on to learn what happens if you lose your job for filing a workers’ compensation claim and the most common reasons for unfair termination.
If you have any concerns about your workers’ compensation claim or feel that your employer may have violated the law when dealing with your claim, contact the experienced workers’ comp lawyers at Fieger Law.
Can My Employer Fire Me During a Workers’ Compensation Claim?
No, you cannot be fired while injured and unable to work during a workers’ compensation claim. The Family Medical Leave Act (FMLA) prohibits workers from losing their jobs due to injury or illness. Additionally, you cannot be terminated for filing a workers’ compensation claim in the first place. Firing someone for seeking their legally mandated compensation is illegal, and employers are prohibited from doing so under both Michigan and federal law.
However, Michigan is an at-will employment state, meaning that either you or your employer can terminate the employment relationship at any time and for almost any reason. But there are important exceptions to at-will employment. While employers generally have broad discretion to fire employees, they are not permitted to terminate someone for illegal reasons, such as retaliation for filing a workers’ compensation claim or for reporting unsafe working conditions. These actions fall under the wrongful termination exceptions to at-will employment, and employees have legal protections in these cases.
Proving Retaliation Under At-Will Employment
While retaliation is an exception to at-will employment, proving that your firing was retaliatory can be challenging. It requires gathering evidence that your termination was not related to legitimate business reasons, but rather was in direct response to your workers’ compensation claim. Some key types of evidence may include:
- Timing of the Termination: If you were fired shortly after filing a claim, this may suggest retaliation.
- Inconsistent Reasons for Termination: If your employer provides vague or contradictory explanations for your firing, this could indicate the real reason was retaliatory.
- Treatment of Other Employees: If other employees in positions similar to yours were not fired for the same reasons, this inconsistency may help prove retaliation in your case.
Without legal representation, it can be difficult to gather and present this evidence effectively. Contacting an experienced lawyer is essential if you believe you were fired out of spite or retaliation for filing a workers’ compensation claim.
At Fieger Law, we will thoroughly review the circumstances surrounding your firing and evaluate whether a wrongful termination or retaliation occurred. Our team can help you understand your rights and legal options. We will guide you through this often-confusing process to seek justice and fair compensation.
What Would Happen if I Lost My Job While on Workers’ Compensation?
If your employer terminates your job while you are on workers’ compensation, you don’t lose your benefits until the time when you would have returned to work. These benefits continue so long as you meet the state’s disabled definition, which could be for the rest of your life.
Examples of Unfair Reasons for Termination
It is illegal to terminate a worker who filed a workers’ compensation claim, provided the worker followed the proper steps. Some examples of unlawful reasons to terminate a worker include:
- Reporting a Job-Related Injury to the Employer: If you are injured or fall ill at work in Michigan, notify your supervisor immediately. You cannot be legally terminated for doing so, and failing to do so could hurt your chances of getting your workers’ compensation benefits approved.
- Claiming Workers’ Comp Within the Deadline: You have 90 days to file your compensation claim, and your employer cannot fire you for filing it within that time frame.
- Not Working or Accepting a Lighter Workload Without a Doctor’s Approval: Your employer can legally offer you minor work that won’t be affected by your injury or illness. However, you have the right to seek medical approval for any work. If your doctor doesn’t approve, you don’t have to do it.
- Seeking Legal Aid With Your Workers’ Compensation Claim: Every American is entitled to legal assistance in workers’ compensation claims, and you cannot be fired for pursuing it. If you are unsure about your claim, speak to the workers’ compensation lawyers at Fieger Law.
- Obtaining a Doctor’s Note That Excuses You From Work: Michigan law entitles everyone to reasonable and necessary medical care. Your physician may recommend that you miss work or take on a reduced workload to recover. Your employer cannot fire you for seeking treatment or following a doctor’s recommendations.
Tips for Protecting Yourself After Filing a Workers’ Compensation Claim
Filing a workers’ compensation claim can sometimes lead to uncomfortable interactions or even illegal responses from employers. To protect your rights and ensure that you are treated fairly, follow these tips:
- Communicate With Your Employer
One of the best ways to protect yourself during a workers’ compensation claim is by maintaining professional and clear communication with your employer. Always keep your conversations respectful and in writing whenever possible. Avoid discussing your claim in a confrontational way, and stick to discussing your duties, medical leave, and return-to-work plans. Clear communication helps prevent misunderstandings and can serve as a record of your interactions. - Know Your Rights
As an employee filing a workers’ compensation claim, you have certain rights. You have the right to seek medical treatment for your injuries and to receive compensation for lost wages if you can’t work. You are also protected from retaliation, meaning your employer cannot fire or punish you for filing a claim. Knowing your rights can help you recognize when your employer might be retaliating against you and give you the confidence and motivation to seek legal help if needed. - Contact an Attorney
If you start experiencing threats of termination, sudden changes in your job duties, or other negative actions after filing your workers’ compensation claim, it’s safe to say that it’s time to contact an experienced law firm. A lawyer can help you assess whether these actions are indeed retaliation and guide you through the process of protecting your rights. In many cases, having legal representation early on can prevent further mistreatment and give you an advantage with your case.
How to Document Retaliation After Filing a Workers’ Compensation Claim
If you suspect that your employer is retaliating against you after filing a workers’ compensation claim, gathering the right documentation is key to proving your case. Below are some important steps you can take to support your claim:
- Gathering Evidence
If you believe your employer is retaliating against you for filing a workers’ compensation claim, you should begin gathering evidence immediately. Keep detailed records of all interactions with supervisors, especially if there are sudden changes in your job responsibilities, written warnings, or negative performance reviews that seem unfounded. Make sure to save any emails, text messages, or notes from meetings where these issues were discussed. - Creating a Timeline of Events
A well-organized timeline of events can be one of the strongest pieces of evidence in a retaliation case. Document when you filed your workers’ compensation claim and note any significant changes in your employment status afterward, including warnings, demotions, or increased scrutiny from management. If your termination or negative changes occurred shortly after your claim, this timing could go a long way to establish a pattern of retaliatory behavior. - Collecting Witness Statements
Testimony from colleagues or co-workers who witnessed any retaliatory behavior can provide valuable support for your case. If they observed your employer bullying you or treating you differently after you filed your claim, their statements could help prove retaliation. Be sure to collect their contact information and written accounts of what they witnessed. This may become important if your case moves forward.
Reasons That Could Be Considered Justifiable for Termination
While it is generally illegal to fire a worker for filing a worker’s compensation claim, there are some circumstances where it is allowed. These situations include:
- Missing work without seeking medical care after a workplace injury
- Failing to follow your doctor’s treatment plan
- Missing work without a doctor’s note
- Engaging in horseplay at work that results in an injury
- Suffering an injury due to misuse of corporate equipment or failure to follow safety protocols
- Refusing light-duty work that’s approved by a doctor
No matter the reason your employer states for terminating you after a workers’ compensation claim, our experienced legal representation can help. Speak to the Michigan workers’ compensation lawyers at Fieger Law regarding your claim and related termination so we can review your case and help you stand up for your rights.
Wrongfully Fired? Our Employment Law Attorneys Can Help
If you suffered wrongful termination due to a workers’ compensation claim in the state of Michigan or anywhere else in the United States, Fieger Law is ready to take your case.
Our employment law attorneys can review the details of your firing and offer you guidance on how to proceed with your case. We will help you get the justice you deserve. Contact our law firm today to schedule a free consultation.
Originally published November 14, 2022.
