Can You Still Get Workers’ Compensation After Being Let Go?
Suffering an injury at work can be overwhelming, and finding out you’ve lost your job while recovering adds another layer of stress. If you're currently receiving workers’ compensation benefits and your employer suddenly terminates your employment, you may be wondering if those benefits will stop. The short answer is no; you may still be entitled to continue receiving benefits even after you're fired.
Louisiana law protects injured workers by ensuring their right to compensation isn’t tied to whether they remain employed after the injury. As long as the injury occurred on the job and the claim was properly filed and accepted, the workers’ comp system continues to cover eligible medical expenses and wage replacement, even if the employer ends the working relationship.
Why Employers Might Fire Workers Who Are on Workers' Compensation
There are several reasons an employer may choose to terminate a worker while they’re out on a workers’ compensation claim. Some of these reasons may be lawful, while others cross the line into retaliation. For example:
- An employer may believe the injured worker won’t be able to return for a long time and decides to hire a replacement.
- They may claim the termination is part of a broader restructuring or cost-cutting measure.
- In unfortunate cases, an employer may be trying to pressure the injured worker into dropping the claim by firing them.
Louisiana is an “at-will” employment state, meaning employers can fire employees for nearly any reason, or no reason at all, so long as it isn’t discriminatory or retaliatory. However, employers are not allowed to fire you simply because you filed a workers’ compensation claim. That would be considered unlawful retaliation.
If you believe your employer let you go in response to your claim or your injury status, that could be grounds for legal action outside of workers’ compensation. A skilled attorney can help you examine the timing and context of the termination to determine whether you have a case.
What Workers’ Comp Benefits Can Continue After You're Fired?
Just because you were fired doesn’t mean your benefits disappear. In Louisiana, workers’ comp benefits are meant to support injured workers while they recover, not to be used as leverage for job control. These are the main benefits that may continue:
- Medical Benefits: These cover doctor visits, hospital stays, surgeries, medications, physical therapy, medical devices, and any ongoing treatments related to the injury. Your employer’s insurance carrier must continue paying for authorized care as long as it’s medically necessary.
- Indemnity (Wage Loss) Benefits: If your injury keeps you from working or limits the type of work you can perform, you’re eligible for temporary or permanent wage replacement. This is typically a percentage of your pre-injury average weekly wage.
- Vocational Rehabilitation: If your injury prevents you from returning to your previous job, workers’ compensation may help with retraining or finding suitable employment in a different field.
The key is that your treating physician must still support your disability status, and the insurer must continue to accept liability for the claim. If those conditions are met, your benefits should continue uninterrupted, regardless of your employment status.
What if the Insurance Company Tries to End Your Benefits After Termination?
It's not uncommon for injured workers to experience issues with their benefits after they’re let go. Sometimes, insurance companies view the termination as an opportunity to reassess or deny ongoing payments. They may claim that you're no longer eligible for wage replacement because you could return to work or that your medical care is no longer necessary.
If you receive a letter stating your benefits will be reduced or discontinued, don’t assume the insurer is acting fairly. You have legal options. You may be able to file a formal dispute with the Louisiana Workforce Commission or request a hearing before a workers’ compensation judge. This process can be complex, especially when insurers bring in their own lawyers and medical experts to justify the decision.
Working with an experienced legal team can make all the difference. At Wanko Workers’ Comp Lawyers, we understand how insurance companies operate, and we know how to challenge benefit denials or reductions with strong legal arguments and solid medical documentation.
How Do You Know If Your Termination Was Retaliation?
Determining whether you were fired as an act of retaliation requires a close look at the timing and reasons given for your termination. Red flags may include:
- You were fired shortly after filing your claim or after your employer was notified of the injury.
- You received no prior warnings or performance issues before the termination.
- Other employees in similar roles were not terminated.
- Your employer made comments suggesting frustration about your injury or time off work.
If any of these factors apply to your situation, it’s possible that your employer violated your rights. In these cases, you may be entitled to compensation beyond what workers’ comp provides, such as lost wages, damages for emotional distress, and potentially even punitive damages if your employer’s conduct was especially egregious.
Even if the termination was not retaliatory, you may still need help making sure your workers' compensation claim stays on track and your benefits continue as they should.
Contact Wanko Workers’ Comp Lawyers if You’ve Been Fired After a Work Injury
When you’re injured, losing your job can feel like a major blow, not just financially but emotionally. You may worry about how you’ll pay your bills or continue your treatment. Unfortunately, some employers and insurers take advantage of this fear and try to reduce or delay benefits, hoping you won’t fight back.
That’s where we come in. Our team at Louisiana Workers’ Compensation Lawyers has helped countless injured workers across the state stand up for their rights and secure the benefits they’re owed, even after termination. We’ll take the time to understand your situation, review the employer’s justification, evaluate your medical evidence, and act quickly if any benefits are at risk.
Our goal is to protect your financial security and peace of mind during this difficult time so you can focus on healing and planning for what comes next.
If you’ve been fired while receiving workers’ compensation, reach out to us today for a free consultation. We’ll review your case, explain your rights under Louisiana law, and help you move forward with confidence and clarity.
