Can I Be Fired While on Workers' Comp?
Quick answer: Your employer can't fire you because you filed a workers' comp claim. California, Texas, and Florida all make that illegal, with remedies such as reinstatement and lost wages. But a workers' comp claim doesn't make your job permanent: an employer can still let you go for a reason that has nothing to do with the claim. If you qualify for the federal Family and Medical Leave Act, your job is also protected for up to 12 weeks of leave.
Is it illegal to fire someone for filing workers' comp?
Yes, in all three states. What each law covers and what you can get if it's violated:
| State | What's prohibited | What you can get | Deadline |
|---|---|---|---|
| California (Lab. Code §132a) | Firing, threatening to fire, or discriminating against you because you filed or said you'd file a claim, or received a rating, award, or settlement | Compensation increased by one-half, up to $10,000, plus costs up to $250, reinstatement, and lost wages and work benefits | Petition the appeals board within 1 year of the discriminatory act or firing |
| Texas (Lab. Code §§451.001–451.003) | Firing or discriminating against you because you filed a claim in good faith, hired a lawyer, started a proceeding, or testified | Reasonable damages and reinstatement; a district court can also order the employer to stop. You have the burden of proof | Not stated in the statute; ask a lawyer promptly |
| Florida (Fla. Stat. §440.205) | Firing, threatening to fire, intimidating, or coercing you because of a valid claim or an attempt to claim | The statute doesn't list the remedies; ask a lawyer how to enforce it | Not stated in the statute; ask a lawyer promptly |
Can my employer fire me for another reason while I'm on workers' comp?
These laws prohibit firing you because of the claim. They don't stop layoffs or firings for reasons unrelated to it. Whether a firing was really about the claim is a question of evidence, so keep records: the date you reported the injury, what your supervisor said, any change in how you were treated, and the reason you were given for the firing.
If I'm fired, do my workers' comp benefits stop?
Not automatically. A firing doesn't undo a claim for an injury you reported while you were employed. California's special rule, for example, only limits claims filed after a layoff notice. Whether wage-loss checks continue depends on whether the injury still keeps you from earning what you did, and insurers sometimes dispute that after a firing. If your checks stop after you're let go, ask the adjuster in writing why, and contact your state's free help office.
- California's layoff rule: if you file a claim after you get a notice of termination or layoff, for an injury from before the notice, it isn't paid unless you show that your employer knew about the injury before the notice, that your medical records from before the notice show it, or that one of two date-of-injury exceptions applies (Labor Code §3600(a)(10)). Report injuries right away, not after a layoff is announced.
- Free help: California's Information & Assistance officers, Texas's Office of Injured Employee Counsel (OIEC), and Florida's Employee Assistance and Ombudsman Office.
Does FMLA protect my job while I'm on workers' comp?
It can. The federal Family and Medical Leave Act gives eligible employees up to 12 weeks of job-protected leave, and a workers' comp absence can count as FMLA leave at the same time if your employer designates it. When the leave ends, you're entitled to the same job or an equivalent one with equivalent pay and benefits (29 CFR 825.214).
- Who's eligible: you've worked for the employer at least 12 months, at least 1,250 hours in the past 12 months, at a worksite with 50 or more employees within 75 miles (29 CFR 825.110).
- Light duty: if your doctor clears you for light duty but not your regular job, you can turn down light duty and stay on unpaid FMLA leave. You may lose workers' comp wage payments by doing so (29 CFR 825.207(e)). See light duty rules.
What happens to my health insurance if I'm fired while on workers' comp?
Workers' comp pays for treatment of the work injury itself. For your regular health insurance, COBRA lets you keep your employer's group plan for up to 18 months after a firing that wasn't for gross misconduct, if your employer had 20 or more employees. You may have to pay the full premium plus up to 2%, and you have at least 60 days to sign up. Some states have similar rules for smaller employers.
What people ask
These questions come up again and again in searches and forums. Here's what the law says.
Threatening to fire you over a claim is itself prohibited in California and Florida. Write down what was said, when, and who heard it, and report the injury in writing anyway. Missing the reporting deadline hurts you more than the threat does.
Cal. Labor Code §132a; Fla. Stat. §440.205
In California, a claim filed after a layoff notice for an earlier injury is paid only if your employer knew about the injury, or your medical records showed it, before the notice, or a date-of-injury exception applies. That's why reporting early matters.
Cal. Labor Code §3600(a)(10)
If you're on FMLA leave, you're entitled to your job or an equivalent one when you come back, even if the employer filled your position or restructured it while you were gone.
29 CFR 825.214
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This guide is general information, not legal advice. Whether a firing was retaliation depends on the facts. Talk to your state's free help office or a lawyer.