Can I be laid off if I was injured at work?

I was injured on my job 4 months ago with a back sprain/strain; the pain hasn’t stopped. My injury felll under workman’s comp .Now they are saying they have to lay some people off due to a decrease in business and I am one of they people. Should I get a lawyer involved?

Asked on September 10, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can be laid off while injured:

1) If you can't work for longer than you have paid time off for or can use FMLA leave for, you can be fired--the law does not require employers to keep employees who do not work. You may be entitled to compensaton of various kinds (e.g. worker's compensation, disability), but you could still lose your job.

2) You can also be fired for unrelated reasons, such as during a lay-off, RIF, or restructing.


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