Getting hurt at work is stressful, and worrying about losing your job worsens it. Many workers ask, “Can my boss fire me if I get hurt?” It is a fair question, and the answer is not always straightforward.
Wrongful termination
In Iowa and across the United States, employers cannot fire you for sustaining a work-related injury and filing a workers’ compensation claim. However, there are situations where your employer might have legal grounds to let you go:
- Inability to perform essential job functions: If your injury stops you from doing crucial parts of your job, even with reasonable accommodations, your employer has the grounds to fire you.
- Excessive difficulty for the employer: The Americans with Disabilities Act (ADA) states that companies must make reasonable accommodations to help workers with injuries or disabilities return to work. However, if these changes cause significant problems for the company, they may be able to dismiss you.
- Exhausted protected leave: Under the Family and Medical Leave Act (FMLA), some workers can take up to 12 weeks off work without pay for significant health problems. Your employer can fire you if you cannot return to work after this time.
These exceptions show that while the law protects injured workers, it also recognizes situations where employers may need to make difficult decisions.
Permanent disability
If you become permanently disabled from a work injury and cannot return to work, you may be eligible for several benefits:
- Workers’ compensation: You can get ongoing payments based on how severe your disability is and what you used to earn.
- Social Security Disability Insurance (SSDI): You might qualify for these benefits if you meet their requirements.
Understanding these benefits is crucial for workers facing long-term disabilities from workplace injuries.
Getting legal help
If you think your employer fired you unfairly because of your work injury or disability, consider talking to an employment lawyer. They can explain your rights and help you get the support and benefits you deserve.
