Can you be laid off when on workers comp?

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Can you be laid off when on workers comp?

Asked on December 13, 2012 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact is that worker's compensation gives you monetary compensation for a work-related injury; it does not specifically protect your job.

That having been said, you can't be fired just because you filed a worker's comp claim (but you can be fired for an unrelated reason). The key issue is whether or not the reason given is the true reason for your discharge or whether it's just a pretext to try to get around the ban on retaliating aginst an employee for filing a worker's comp claim.

At this point you can consult directly with an employment law attorney in your area for further information.


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