Whether you're still considering filing or have already filed a workers' compensation claim, you may be worried that your employer will fire you. As an injured worker in Virginia, you have the right to file for workers' compensation after a work injury. But whether you can be fired while on workers' compensation is a little more complicated. The answer is both yes and no – let's get into why. 

Is There Anything Protecting Me from Being Fired While on Workers' Compensation? 

In Virginia, workers' compensation laws protect you from being fired while on workers' compensation just because you filed a claim. If you're fired on this basis, it is considered retaliatory termination, and you should consult an experienced workers' compensation attorney immediately to discuss your legal options. 

When Can I be Fired While on Workers' Compensation?

While Virginia law prevents your employer from firing you because you are on workers' compensation, they may terminate you during that time for other reasons. This is because workers in Virginia are considered "at-will employees." In Virginia, employers can fire their employees at any time for any legal reason. As we said above, being on workers' compensation alone isn't a legal reason for termination. 

To justify terminating an employee on workers' compensation, employers can point to any legitimate performance issues they've had in the past. They can also claim they are downsizing or restructuring and can no longer afford your salary. These are perfectly legal reasons for termination.

Unfortunately, it's common for employers to suddenly come up with reasons to fire at-will employees while on workers' compensation. A once clean record or star employee could be surprised to hear their employer has unvoiced issues with them that warrant termination.

What Can I Do if I've Been Fired While on Workers' Compensation?

If you've been fired or are concerned about being fired by your employer for filing for workers' compensation in Virginia, you should consult a qualified workers' compensation attorney. At Ackerman & Falcon, our experienced workers' compensation attorneys will walk you through your legal options if you face termination. Call us today at 703-288-1400 or schedule a free consultation online.