Can You Collect Workers’ Compensation After Being Fired?

can you collect
You may still be eligible to receive workers' compensation after being fired. If you would still receive workers' compensation if your employer had not fired you, then you're probably still eligible for benefits. If you lied on your application or your benefits naturally ran out, you likely aren't eligible to keep receiving workers' compensation benefits. Note that it is illegal for your employer to retaliate against you for filing a workers' compensation claim. If you believe that your employer fired you because you filed a claim for workers' compensation benefits, talk to a workers' compensation attorney without delay. He or she can help you understand and protect your legal rights to receive compensation. 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' compensation? Can you still collect workers' compensation 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' compensation lawyer representing you during your Des Moines workers' compensation 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' Compensation Claims 

Legally, Des Moines employers can’t fire you just because you filed a workers' compensation 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. 

Receiving Workers' Compensation After Being Fired

Luckily, your worker's compensation lawyer in Des Moines can help you keep workers' compensation after being fired. 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 compensation for your work-related injury through your employer’s workers' compensation 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' compensation benefits after being fired. But you may still be eligible, and the lawyers at Pothitakis Law Firm can fight for your workers' compensation benefits. If you’re worried that your benefits are on the line after being fired, call 866-753-4692 or fill out the following contact form for a free consult.
Photo of Niko Pothitakis
For the past 15 years Mr. Pothitakis has focused his practice on Workers Compensation and Personal Injury Cases. The firm has two locations, one being in Burlington, Iowa and the other in Keokuk, Iowa. Mr. Pothitakis works with many area unions and employee organizations to provide advice, assistance, and guidance as it relates to employment issues. Mr. Pothitakis provides free consultations to those with legal questions in the firm's areas of practice. In this initial meeting or conference potential clients are provided advice on their need for assistance and how they need to proceed.