I was on workers’ compensation benefits and my employer terminated me, now what?

By Fred J. Lewis

Always try to protect your job first by making a request for unpaid time off under the Family Medical Leave Act (“FMLA”) even when you are on workers’ compensation benefits if it is legally available to you and your employer is bound by the FMLA. You can protect your job up to 90 days under the FMLA.

After the first 90 days have gone by it gets harder to protect your job because there is no Idaho workers’ compensation　 law against an employer terminating your employment even while you are receiving workers’ compensation benefits. Fringe benefits you are receiving from your employer will also end upon your termination. If you are still recovering from the work related injury and you are let go, your medicals bills relating to your on the job injury will still be covered by workers’ compensation. If you are terminated and you feel you aren’t being fairly compensated contact me or another experienced Idaho workers’ compensation attorney.　 You may have other claims against your employer that you need to bring.