What to Do If You’re Fired While out on Workers’ Comp in Alexandria, VA
March 21, 2019
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People get hurt at work every day. Usually, their injuries are minor and they are only out of work for a short time. Other people simply transfer to light duty until they recover from their injuries. Unless you need surgery, most claims are resolved rather quickly.

If you suffer a serious injury, however, you might be out of work for months or longer. Some people are out of work for years. It really depends on what kind of injury you suffer. It also depends on what kind of work you do.

Certain industries are more prone to injuries. Some of these industries are:

  • Construction
  • Truck driver
  • Laborers
  • Factory workers
  • Electricians

If you do get hurt at work, you will probably go out on workers’ compensation. Unless there are unusual circumstances, your claim will be approved. You’ll receive replacement wages and medical treatment.

Your Alexandria Workers’ Comp Attorney Will Get You the Benefits You Deserve

If you’re hurt on the job, you deserve workers’ comp benefits. These benefits are intended to take care of you in the short-term. They’re not meant to be permanent. The goal is to get you better and back to work as quickly as possible.

In Virginia, you’re entitled to the following benefits:

  • Medical treatment for your injuries
  • Replacement wages while you’re recovering from your injuries
  • Permanent disability if your injuries are severe enough to qualify
  • Reimbursement for any out of pocket expenses related to your accident or illness

Your Alexandria workers’ comp attorney is going to work hard to get you the benefits you deserve. There is a chance, however, that your benefits could be approved only for you to be fired a short time later.

Some employees get their workers’ comp benefits and then are told a few weeks later that they’ve been fired. They don’t know what to do. This is when it’s important that you contact an Alexandria workers’ comp attorney.


Your Alexandria Workers’ Comp Attorney Can Help if You Get Fired

Just because you’re on workers’ comp doesn’t mean you can’t be fired. There are situations where you were going to be fired anyway. Your employer may have had plans to let you go before you went out on workers’ comp.

There’s also a chance that your employer decided to fire you because you went out on workers’ comp. Of course, they’re not going to tell you that. They’ll say they had a legitimate reason for firing you. Some of these reasons may include:

  • Your attendance record prior to and after the accident is terrible
  • You have committed some type of fraud or crime against the employer
  • You violated company policy
  • Your performance is not up to standard

Your attorney can pursue a wrongful termination claim against your employer. However, you need to keep in mind that in Virginia, you’re an employee at will.

Employees at will can be fired at any time, for any reason. So, wrongful termination suits are very hard to prove. But just because you’re fired doesn’t mean you won’t continue to receive your workers’ comp benefits.

How Can an Alexandria Workers’ Comp Attorney Help?

If you get fired while out on workers’ comp, you should continue to receive your benefits. They should continue until you’re ready to go back to work. If they’re terminated, your workers’ comp attorney will fight to get them back.

Unless you filed a fraudulent claim, there really isn’t a legitimate reason to terminate your workers’ comp benefits. For example, if your employer finds out you filed a fake claim, they can fire you and terminate your benefits. Or, they may find out weeks after they initially approved your claim that you were under the influence of drugs or alcohol at the time of your accident.

Short of either of these things happening, there really isn’t a good reason to stop your workers’ comp benefits. Your attorney will do what he can to try to get your benefits reinstated.

Do You Need to Contact an Alexandria Workers’ Comp Attorney?

If you get denied workers’ comp or get fired while out on leave, you need to contact an Alexandria workers’ comp attorney. While you’re recovering from your injuries, you need a way to support your family. If your benefits are terminated, you’ll have no way to do this.

Call and schedule a consultation with an Alexandria workers’ comp attorney today. He can sit down with you and try to find out the best strategy. He can also contact your employer and find out what’s going on. You have a right to your benefits. Your lawyer will fight to get you what you deserve.