Like in all other states, workplace accidents are incredibly common in Virginia. If you’ve been hurt at work, you probably breathed a sigh of relief when your employer allowed you to come back on light duty. But then, out of the blue, they fired you. Angrily, you wonder, “Can I get laid off while on light duty in Virginia? Am I going to lose my workers’ compensation benefits?”
These are fair questions; Geoff McDonald & Associates has the answers below.
Can Your Employer Fire You While You’re on Light Duty?
First, let’s explain light duty. If your doctor gives you work restrictions that prevent you from doing the full duty requirements of your job, then you are on light duty. It might include easier work, shorter shifts, lifting restrictions, or special accommodations for an injury.
Under most circumstances, you can’t claim lost wages benefits if your salary stays the same while on light duty. If your employer pays you a lower salary while on light duty, you may claim “Temporary Partial Disability” benefits. Regardless of whether your salary stays the same or changes, workers’ compensation will cover your medical expenses related to your work accident..
Can you get laid off while on light duty? In general, yes. Virginia follows at-will employment laws, which means your employer can lay you off or fire you for any reason that isn’t unlawful. If your boss feels that you’re unable to perform acceptably, they’re within their rights to lay you off.
Can Your Job Force You To Go on Light Duty?
What if your doctor has authorized you to return to your job with work restrictions, but you don’t feel ready yet? In this case, it is wise to seek an experienced workers’ compensation attorney who can help you navigate this difficult scenario..
If your doctor gives you the okay to go back to light work but you refuse, you could jeopardize your workers’ compensation benefits.
Even though you are allowed to seek a second opinion if you don’t think you’ve recovered enough to work yet, the insurance company is not required to pay for the second opinion. If you decide to seek a second opinion, you will have to pay for the appointment yourself or use your personal health insurance policy. Moreover, the Virginia Workers’ Compensation Commission will generally give more weight to the opinion of your treating doctor than that of your second opinion doctor. Further, in most situations, the Commission views injured workers more favorably when they at least make a good faith attempt to return to work on light duty.
Therefore, your attorney may recommend that you first attempt to return to light duty with the restrictions provided by your treating doctor before seeking a second opinion.
Can You Lose Your Job While on Workers’ Compensation?
Now that you know the answer to “Can you get laid off while on light duty?”, can you be laid off while on workers’ compensation? Yes, you can. Note that it’s against the law for your employer to fire you just because you filed a workers’ comp claim. If you think your employer fired you in retaliation for filing a claim, you should reach out to an attorney..
It is important to pay attention to this small distinction. Having a workers’ compensation claim does not by itself protect your job. The termination only becomes illegal if you were terminated because you filed a workers’ compensation claim. Doing so would be a retaliatory termination. As you can imagine, it can be difficult to prove that your employer’s motive to terminate you was to get revenge for you filing a workers’ compensation claim. Most employers are smart enough not to come out and announce such a motive.
However, in our experience, this is not always the case. Occasionally, supervisors make statements that reveal their true motive. For example, if your supervisor tries to convince you not to pursue a workers’ compensation claim, and fires you after you file a claim, you may have a case.
Will Losing Your Job Affect Workers’ Compensation Benefits?
If you haven’t fully recovered at the time of the layoff, you can continue claiming workers’ compensation benefits. Under most circumstances, if you are laid off rather than terminated for cause, you will continue to be entitled to benefits until you are either released to full duty, or you are hired elsewhere. Note, there is a 500-week cap to workers’ compensation wage loss benefits in Virginia that applies to most cases.
Protecting Yourself and Your Job
While it’s possible for your employer to fire you while on light duty, there are laws in place to protect your job. One is the Americans with Disabilities Act (ADA), which requires many employers to provide “reasonable” accommodations to workers with disabilities. The ADA applies to private employers with 15 or more employees. It also applies to state and local government employers, employment agencies, and labor unions.
The other option is the Family Medical Leave Act (FMLA). Under this, your employer must hold your job for up to 12 weeks after an accident. FMLA doesn’t kick in automatically; you must first apply for it and meet the prerequisites to be approved.
Did Your Employer Fire You Illegally?
Regardless of whether you’re on light duty or not, it’s illegal for your employer to terminate you over discrimination of:
- Race
- Gender
- Age
- Sexual orientation
- Religion
Fired While on Light Duty? Call Geoff McDonald & Associates
Can you get laid off while on light duty? Yes, but it generally won’t affect your workers’ compensation benefits. If you have questions about how losing your job might affect your benefits, call 804-888-8888 or contact us online for a free consultation.
