Abingdon, Bristol and Johnson City
Accidents happen—whether at home or on the job. If you get hurt while at work, however, this can be a complicated situation. Regardless of who was at fault, you may have to navigate your employer’s workers’ compensation policies if your injury leaves you unable to work for days, weeks, or even months.
You also may have questions about the future. Will your job still be there waiting for you after you recover? How will you pay your bills and take care of your family while healing? Can you be fired for getting hurt at work? The Law Offices of Michael R. Munsey, P.C., are here to educate you with the answers to some frequently asked questions about workers’ compensation.
What is workers’ compensation?
Workers’ compensation is intended as a safety net to protect the livelihood of employees who are injured while on the job. Workers’ compensation could consist of money to replace missed wages or pay medical bills or both, depending on the situation.
Can I be fired if I file a workers’ compensation claim?
No. This is illegal. Employers are not allowed to retaliate against an employee for filing a workers’ compensation claim. You have a right to file a claim for the benefits you are owed and deserve if you are injured while working.
Can I be laid off while on workers’ compensation?
Both Tennessee and Virginia are “employment-at-will” states. This means that if you are employed by a company in either of those states, that company can terminate employment at any time, without being required to give notice or even a reason—as long as the termination does not violate the employee’s civil rights. Just because you are off work receiving workers’ compensation benefits, you still may be subject to being fired or laid off just like an active employee if your company decides to downsize. You cannot be fired or laid off specifically because you are receiving workers’ compensation, but proving this is the reason you were terminated can be quite difficult without the help of an experienced workers’ compensation attorney in the Tri-Cities.
What if I return to work with restrictions, and then lose my job?
Many times, a doctor will release you to return to your job but with a list of activities that you should abstain from until your recovery is complete. Working with restrictions does not exempt you from being fired or laid off like any other employee. However, unless you are fired with cause, your employer likely will still have to pay your workers’ compensation benefits until your recovery is complete.
Workers’ compensation lawyer in Tri-Cities
When filing a workers’ compensation claim, it is important to have a trusted and experienced attorney on your side. Michael R. Munsey has the track record you want in a workers’ compensation lawyer in Tennessee or Virginia. He has decades of past experience filing claims and appeals in workers’ compensation cases. He will even go all the way to a trial if that’s what it takes for you to receive the benefits you deserve. We hope that you never get injured on the job, but if you do, contact our office by calling (276) 451-2056 to schedule a free consultation.
The Law Offices of Michael R. Munsey, P.C., proudly serves Bristol, Johnson City, and Kingsport, TN, as well as Bristol, VA