Can I get fired in a workmans comp case

I was injured at work and required
rotator cuff surgery. Workmanship
comp case. When my FMLA ended
they cancelled my insurance. After 4
months off with restrictions that did not
allow me to perform my job description
I was terminated. I was told I had 30
days to return to work to keep my job,
rate of pay,seniority and vacation. I
returned but as a new hire…which
means I will go 90 days without health
insurance before I’m eligible. Is this
legal? Is it legal they terminated me
without offering a different position.

Asked on June 13, 2016 under Employment Labor Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You cannot be fired for filing a workers' compensation case.
You can sue your employer for retaliatory discharge for firing you for filing a workers' compensation case.
You can also argue that returning as a new hire without health insurance for 90 days constituted a constructive discharge.  A retaliatory discharge claim can be based on a constructive discharge.
Disability discrimination arising out of a workers' compensation claim can form the basis of a wrongful discharge claim.


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