If your employer has workers’ compensation insurance, they are not allowed to fire you just because you got hurt and filed a workers’ comp claim. However, this situation can get complicated, and is another reason you need the advice of an attorney specific to your case. An employer can terminate your employment when you have an open workers’ compensation claim and their reason for doing so is unrelated to the filing of the claim. Employers with workers’ compensation insurance are supposed to attempt to find a “light duty” job that fits within any work restrictions you may have. This can also be known as a “reasonable accommodation.” If you are totally unable to work, the employer does have the right to fill a necessary position with an able-bodied person.
If your doctor has you on “light duty” restrictions, you may be required to look for “light duty” employment in order to receive workers’ compensation wage benefits. This is called “marketing.” See the following link for guidance on how to comply with job search requirements for workers comp:
http://vwc.state.va.us/sites/default/files/documents/Marketing-Guidelines_1.pdf
Again, how to go about doing this is something an experienced attorney can explain to you and provide the necessary assistance in maintaining your benefits.
