Getting injured while working has unfortunately become common these days. While some accidents happen due to employee negligence, others may be the employer’s fault. In any case, you are legally protected by workers’ compensation insurance when you get injured on your job and incur medical bills and lost wages.
If your employer has refused to pay you for your damages with workers’ comp insurance, you should immediately discuss the matter with an attorney. You must understand your legal rights and benefits and what can be done. If you were fired, it might be a case of retaliation. You can count on an Ontario, CA workers comp lawyer for such complex cases.
Can your employer deny you workers’ comp rights?
Most employers in Ontario are required to carry workers’ comp insurance to protect employees when they get into an accident in the workplace and injure themselves. However, not every injury is covered by workers’ comp insurance. If you sustain injuries outside work, your employer may not cover them.
For example, imagine you were driving to work and got into an accident resulting in a broken bone. Workers’ comp may not compensate them since the accident did not happen at the workplace or while running a professional errand.
There are various other reasons for the refusal of workers’ comp benefits. For example, you won’t be compensated if you were injured in a fight at the workplace that you initiated.
However, many valid workers’ comp claims are also denied by employers. In such cases, it is important to have an experienced attorney review your case. You have the right to appeal the denial and claim your benefits.
What if your employer fires you after you file for workers’ comp benefits?
The answer to whether your employer can fire you after you file for workers’ comp benefits is, unfortunately, both yes and no. If you have filed for workers’ compensation and your employer fired you only for that reason, you can sue them for retaliation. Moreover, your employer can fire you while you receive the benefits, but the termination must not be based on your workers’ comp claim.
Your employer must produce other valid reasons to lay you off, such as bad performance reviews, workplace misconduct, or your job role may be too important for the company, and they must bring someone else to replace you immediately.