Can I Get Fired While Receiving Indiana Workers’ Compensation Benefits?

by Staff | July 30th, 2014

Each year, thousands of Hoosiers are put out of work because of injuries related to workplace accidents. While many of these individuals will qualify for Indiana workers’ compensation benefits, one of the most common questions among potential claimants is whether or not receiving work comp benefits can affect job security.

The answer is yes, but only under certain circumstances. The Indiana state government says the state has an “at-will” employment policy. This means employers can hire or fire workers as they see fit, but the cannot discriminate against employees based on disabilities.

Furthermore, Indiana employers cannot fire an employee for filing a workers’ compensation claim. However, they may be able to terminate employees who cannot work for a period of time that violates their posted or published attendance or leave policies.

The Indiana personal injury attorneys with Fleschner, Stark, Tanoos & Newlin suggest taking these two actions while filing a workers’ compensation claim:

  • Communicate clearly with your employer– Let management know about your accident and the conclusions drawn by your doctor immediately.
  • Get legal assistance– An attorney from Fleschner, Stark, Tanoos & Newlin can help clarify legal questions that arise during the workers’ compensation process and ensure your rights to employment are protected while you file your claim.

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