Your advocate in workers’ compensation and personal injury law.
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Your advocate in workers’ compensation and personal injury law.
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If you’re injured, contact us. We can help.
If you’ve been injured at work and your doctor has placed you on light-duty restrictions, you may be wondering whether your employer can fire you. The short answer is yes, it’s possible to lose your job while you’re on light duty—but your employer cannot terminate you simply because you filed a workers’ compensation claim.
Whether a termination is legal depends on why your employment ended. In Kansas and Missouri, employers may still make legitimate business decisions such as layoffs or disciplinary actions, but firing an employee in retaliation for reporting a workplace injury or pursuing workers’ compensation benefits may violate the law.
If you’ve been injured on the job and are worried about your employment, understanding your rights is the first step toward protecting both your job and your workers’ compensation claim.
Light duty is temporary work that accommodates the physical restrictions your treating physician places on you after a workplace injury. Rather than performing your normal job duties, your employer may assign work that is less physically demanding while you recover.
Common work restrictions include:
Light-duty assignments are designed to help injured employees return to work safely while continuing their medical treatment.
In addition to personal injury…
Our team also specializes in workers’ compensation. So if you suffered physical, mental, or emotional harm at work, you might be entitled to claim additional benefits and payments. While niche personal injury law firms often miss these, you can rely on Phalen Law to receive the comprehensive payout you deserve.
| Situation | Could You Lose Your Job? |
|---|---|
| Company-wide layoff | Possibly |
| Position eliminated | Possibly |
| Fired for filing workers’ comp | May be illegal |
| Refusing work outside restrictions | Should not be required |
| Employer has no light-duty work | Benefits may continue |
Being on light duty does not automatically protect you from losing your job.
Employers generally retain the right to terminate employees for legitimate, non-retaliatory reasons, even if they’re receiving workers’ compensation benefits. Examples may include:
However, your employer generally cannot fire you because you:
Determining whether a termination was lawful often depends on the facts surrounding your case.
Not every employer has work that fits your medical restrictions.
If your doctor determines you cannot safely perform your regular job and your employer cannot accommodate your restrictions, you may remain off work while continuing to receive workers’ compensation benefits if you otherwise qualify.
This situation is fairly common after injuries involving:
Your physician—not your employer—determines what work you’re medically able to perform.
It depends.
If your employer offers work that genuinely complies with your doctor’s restrictions, refusing the position could affect your workers’ compensation benefits.
On the other hand, you should never feel pressured to perform work that exceeds your medical limitations. If the assigned duties require activities your physician has prohibited, report the issue immediately to your employer and your treating doctor.
If you’re unsure whether the offered position complies with your restrictions, speaking with a workers’ compensation attorney before making a decision can help protect your rights.
Not every termination after a work injury is unlawful, but certain situations deserve closer attention.
Potential warning signs include:
These circumstances do not automatically prove retaliation, but they may indicate it’s time to speak with an attorney.
If you’ve lost your job while recovering from a workplace injury, try not to panic. Your workers’ compensation claim does not necessarily end simply because your employment has ended.
Instead:
Taking action early can help preserve important evidence if your termination was unlawful.
You should consider speaking with an attorney if:
An experienced workers’ compensation attorney can evaluate your situation, explain your legal options, and help protect your right to benefits.
Yes. Receiving workers’ compensation benefits does not guarantee continued employment. However, employers generally cannot terminate employees in retaliation for filing a workers’ compensation claim.
If no suitable work is available within your medical restrictions, you may remain off work and continue receiving workers’ compensation benefits if you qualify under the applicable state laws.
No. Your work duties should comply with the medical restrictions provided by your treating physician. Performing work beyond those restrictions could worsen your injury.
Possibly. Losing your job does not automatically end your workers’ compensation claim. Your eligibility for wage-loss and medical benefits depends on the circumstances of your case.
In most cases, it’s wise to speak with a workers’ compensation attorney before resigning. Quitting voluntarily may affect your legal rights and your ability to recover certain benefits.
If you’ve been injured at work and are worried about losing your job while on light duty, you don’t have to navigate the workers’ compensation system alone.
The attorneys at Phalen Law Firm help injured workers throughout Kansas and Missouri understand their rights, protect their benefits, and take action when employers or insurance companies fail to follow the law.
Contact Phalen Law Firm today for a free consultation to discuss your workers’ compensation case.
