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Can You Collect Workers Comp After Being Fired?

July 08, 2020By Niko Pothitakis

When you’re hurt on the job, you may already be worried about how long your employment will last. Can you be fired while on workers comp? Can you still collect workers comp if you’re fired? You’re already worried about working after your injury, but now, you’re also concerned about whether your benefits will end with your employment. 

In situations like these, you may need a workers comp lawyer on your Des Moines work comp claim. Your employer may be retaliating against you, which your lawyer can help you fight. Your job may also not be safe based on Iowa law. Luckily, your lawyer can help you seek the total workers compensation benefits you’re eligible for after your work accident. 

Retaliation for Workers Comp Claims 

Legally, Des Moines employers can’t fire you just because you filed a workers comp claim. That’s illegal, and they could face penalties for doing so. But that doesn’t mean they can’t fire you at all. 

In Iowa, most employers can fire you at will. They don’t have to give you a reason for being fired in most cases. Because of this, it can be difficult to fight back against being fired unless your employer stated they were firing you for that reason. 

Also keep in mind that your employer is allowed to fire you if they can’t accommodate your work restrictions. If your health has improved as much as it will but you’re still unable to do your job, your employer can legally fire you. 

Your Workers Comp Benefits May Be Safe 

Luckily, your work comp lawyer in Des Moines can help. You were still injured on the job, and because of that, you may still be due workers compensation. Your lawyer can determine how best to pursue the workers comp benefits you’re due and how to pursue justice if you were fired unfairly. 

Just because your employer can fire you doesn’t mean you’re out of options. They may still have an obligation to pay your workers compensation benefits, even if you’re no longer their employee. Because of this, your benefits could last for some time, even if you’re fired. 

In Iowa, you should continue receiving workers compensation benefits through your employer’s workers comp insurance provider. Even if you’re no longer an employee, your injuries were caused while working for the company. Because of this, their liability for your injuries can continue until you reach maximum medical improvement. 

Protect Your Workers Comp Benefits with a Des Moines Work Comp Lawyer

If you’ve been injured in a Des Moines work accident, you may be worried about your workers comp claim. That’s especially true if you were also fired. But you may still be eligible, and the lawyers at Pothitakis Law Firm, PC can fight for your workers comp benefits. If you’re worried that your benefits are on the line after being fired, call 319-754-6400 or fill out the following contact form for a free consult.