US Legal Forms
Legal Resources
Questions & Answers
Employment
Can my employer fire me if I am on worker's comp leave?

Can my employer fire me if I am on worker's comp leave?

Full question:

When I am ready to return to work from a workers comp injury, can my employer inform me that I have been replaced and no longer have a job?

Category: Employment
Date: 04/07/2025
State: California

Answer:

Under the California Labor Code (Section 132a), your employer may not discriminate against you because of your work injury. In addition, the California State Department of Fair Employment and Housing administers the laws prohibiting harassment or discrimination in employment. They may be reached at 1-800-884-1684. The Federal Americans with Disabilities Act (ADA) prohibits discrimination against workers with physical or mental impairments. Under the ADA, your employer may be required to provide reasonable accommodations for your disability. For further information, call the Equal Employment Opportunity Commission at 1-800-USA-EEOC.

Please see the information at the following links:

http://definitions.uslegal.com/e/employment-termination/

http://www.dir.ca.gov/dwc/dir2.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What if my doctor sends me back to work full duty but I am still hurting?

If your doctor clears you to return to work full duty but you still experience pain, it's important to communicate this with your employer and your doctor. You may need to discuss your symptoms and any necessary accommodations. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities, which may include modified duties or a gradual return to work. Always document your communications and consider seeking legal advice if you feel your rights are being violated.

What is the return to work protocol?

Return to work protocols typically involve a process where your employer assesses your ability to resume work after a workers' compensation injury. This may include obtaining medical clearance from your doctor, discussing any necessary accommodations, and ensuring your workplace is safe for your return. Employers are generally required to follow state laws and guidelines regarding the return to work process, which can vary by state. It's advisable to consult your employer's HR department for specific procedures.

How long does an employer have to hold a job for someone on workers' compensation?

In California, there is no specific law that mandates how long an employer must hold a job for an employee on workers' compensation. However, under the California Fair Employment and Housing Act, employers are required to provide reasonable accommodations for employees returning from a work-related injury. This may include holding your position or finding a suitable alternative role. It's important to communicate with your employer about your situation and any necessary accommodations.

Can I return to work after a workers' comp settlement?

Yes, you can return to work after a workers' compensation settlement. However, your ability to work may depend on the terms of the settlement and your medical condition. If you have fully recovered and your employer has a position available, you should be able to return. If your settlement includes ongoing benefits or restrictions, it’s wise to consult with a legal professional to understand how this may affect your employment options.

Will going back to work affect my claim?

Returning to work can affect your workers' compensation claim, especially if you are earning income that may offset your benefits. If you return to work and your injury limits your ability to perform your job, you may need to report this to your claims adjuster. It’s crucial to keep your employer and the workers' comp insurer informed about your work status and any ongoing medical issues to ensure compliance with your claim.

Can you return to work after workers' comp settlement?

Yes, you can return to work after a workers' compensation settlement. Your ability to do so will depend on your recovery status and any restrictions outlined in the settlement. If you are cleared by your doctor and your employer has a position available, you can resume work. However, if you have ongoing limitations, you may need to discuss accommodations with your employer.