Can my employer fire me after a work injury?

The NSW Workers Compensation Act 1987, Part 8, essentially prevents employers from terminating an employee who has sustained a work injury of any kind, purely because they’re unfit to resume work within the first six months.

Can an employer ask if you have been on workers compensation?

A prospective employer has no right to ask whether you have had a previous workers’ compensation claim. However, a prospective employer does have the right to know if you have an injury or medical condition that will impact on your ability to perform your work duties.

Can a company fire you while on workers comp?

Your employer cannot fire you for filing a workers compensation claim. But they can terminate you for any other reason allowed by law even while you’re receiving workers’ compensation. There’s usually a very fine line separating these two which some employers use to their advantage.

Can a worker be fired after a work accident?

Unfortunately, some employers fire injured workers following a work accident. In most situations when an injured worker is fired following a work accident, they are still entitled to workers’ compensation benefits. However, there are some situations when workers’ compensation benefits are denied after an injured worker is fired.

Can a worker’s comp claim be denied after being fired?

However, there are some situations when workers’ compensation benefits are denied after an injured worker is fired. At Skibiel Law, we offer a free initial consultation to discuss job termination and Georgia workers’ compensation benefits.

Can a company terminate an employee on workers compensation?

At Will Employees. Most employers will not come right out and tell an employee on workers’ compensation that their workers’ compensation claim is the reason they are being terminated. As described below, an employer cannot terminate your employment as retaliation for filing a workers’ compensation claim.