Can My Boss Fire Me If I File for Workers Comp?

The sort answer? Yes. Your boss can decide to terminate you if you’re on workers compensation. But the reality is that this decision isn’t as cut-and-dry as your employer might assume, and they have no grounds to fire you for simply filing a claim against them.

Arizona falls under “at-will” employment rules, meaning that employers can fire you for almost any lawful reason they want, without the need to show cause or misconduct defining their decision. Your boss doesn’t even need to give you an explanation as to why they decided to let you go, and that might seem rather unfair in this labor market.

That said, your bass cannot fire you because you filed a worker’s comp claim against them, that’s an illegal practice defined in Arizona state law.

Arizona State Law Protects You from Employer Retaliation When Filing a Claim

The law says that employers can’t discriminate against an employee for filing a claim with the state’s workers’ compensation system, it’s a protected activity. If you file a claim or request medical care and your boss terminates you from the business you have grounds for a “retaliation” claim against them.

But your boss knows this, and they aren’t likely to tell you that they’re firing you because you made the claim. They’ll likely say that their action is due to a “restructuring due to a downturn in the economy,” or something else relating to a fireable offense, like being late to work or a policy violation. You’ll need to prove that their reason for dismissal is legit or a pretext to removing you from the business payroll.

What Can Employers Do to Justify Dismissing You?

Employers in Arizona can dismiss you, even if you’re injured, for several reasons that include company-wide layoffs, department redundancy, performance issues, policy violations and misconduct, and several more.

Just because you filed for worker’s comp doesn’t mean that you’ve got bullet-proof protection against being let go. All it represents is protection for wages and benefits, and you need to understand that distinction. So, if your boss fires you because your position would have been eliminated, even if you weren’t injured at work, they have grounds for lawful termination and there’s nothing you can do about it.

The same goes for instances where you violated workplace policies, your workers’ compensation claim won’t give you immunity from being fired. So, the question isn’t if you were fired because you filed a claim, but why you were fired.

Issues with Returning to Work or Being Put on Light Duty

One of the common flashpoints that force an employer to fire you comes from your need to be put on “light duty” when returning to work, because you can physically do all aspects of your job anymore. In the wake of your injury your doctor might impose physical restrictions on what you can and can’t do at work.

Sure, your employer can offer you a modified job description, but if your employer offers you other suitable work and you refuse it, then they have grounds to fire you or change your wages and benefits. Put simply, your employer doesn’t have to create a special position for you at work to accommodate your need for “light work” brought about by your physical limitations.

Can My Employer Fire Me If I Can’t Perform My Job?

If you get injured and your employer can’t provide a position that accommodates your current physical limitations, they have a right to let you go, they do not have to change their business to accommodate your problem, even if the injury happened at your place of work.

That said, employers must evaluate reasonable accommodations to help you out, as per federal disability law and the Americans with Disabilities Act. But that doesn’t mean they have to offer you indefinite leave to recover or create a new job description to suit your condition. What it means is that they must show they followed a “good faith” process in making an effort to keep you on.

If your boss doesn’t do this and moves to fire you outright, then they’re opening themselves up to possible legal exposure other than merely satisfying the worker’s comp claim.

If I’m Fired from Work, Do I Keep My Benefits?

If you’re fired after filing your claim, or while the claim is active, you’ll generally keep your benefits. Your treatment usually can’t stop just because you got fired. So, you’ll likely retain temporary disability benefits during the recovery period if you can’t work due to your injury. But things are a little more complicated if you can work under restrictions and you’re fired because of reasons unrelating to your injury.

Insurers can argue that firing you for misconduct violates the “chain of causation” between loss of wages and your injury, but that argument isn’t always as straightforward as it sounds. The decision to cut your benefits or wages must come from the medical evidence and timing, with careful consideration to your case.

What Do I Do If My Boss Fires Me After I Make a Worker’s Comp Claim?

The first thing to do is acquire copies of your personnel file from your employer. If there is any proof of communication surrounding the event, like emails, make sure you get a copy of them. Next, you’ll need to ensure you’re following your treatment plan to the T and don’t skip appointments for rehab or other treatments or your boss can claim non-compliance.

Speak to the team at Fendon Law. We have worker’s comp lawyers with plenty of experience in dealing with people just like you who’ve experienced the same thing you’re going through, and we know how to deal with it.

Deadlines to take action against your employer are strict in Arizona, especially if your employer denies your claim or reduces your benefits in the wake of your filing. There can be additional steps in your case when filing a retaliation claim and waiting rather than acting can end up costing you dearly.