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Workman's Comp Claimants Should be Careful Not To Give Employers An Excuse To Be Fired

DO NOT GIVE THEM AN EXCUSE TO FIRE YOU

WHEN YOU RETURN TO WORK

 

You should use extreme caution when you return to work after any workers’ compensation injury.  Be sure not to give your employer any reason to fire you. 

 

It is possible that if you are terminated, the court will construe the conduct which led to the termination to have been a constructive refusal to return to work.  In that case, you may not be able to resume collection of workers’ compensation benefits even if your injury prevents you from returning to your full duties.

 

One example of this risk is the case of a lady who returned to light duty work  and was fired for alleged gross misconduct after she exposed her buttocks to two female co-employees. The court held that because of this silly conduct she , in effect, refused suitable employment and was denied any further workers' compensation benefits.

 

If the employer can show that an employee was legitimately terminated and that a non-disabled employee ordinarily would have been terminated under the same conditions, then the employer has created a rebuttable presumption that the employee’s misconduct constituted a constructive refusal to perform the work provided.  Unless the worker can rebut that presumption, workers’ compensation benefits will not be payable.

 

However, the employee can rebut that presumption by showing that the inability to find or hold other employment is due to a work-related disability. Do not count on your ability to make such a showing, it will not be easy.

The safest course is to behave yourself in the first place and keep from doing anything that will give your employer cause to fire you.

  

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