Norwalk Workers Compensation Attorneys

Can Your Employer Fire You While You Are on Workers' Compensation?

This is one of the most common and most frightening questions injured workers ask, and the answer will likely shock you. Yes, your employer can fire you while you are receiving workers' compensation benefits. Under Iowa law, workers are considered employees at will, which means an employer can terminate your employment for any reason or even for no stated reason at all.

That said, the reason behind your termination matters enormously when it comes to your workers' comp case. If you were fired because you did not show up to work and had no medical excuse from your doctor, that is damaging to your claim. However, if you were terminated because you had permanent work restrictions that your employer was unwilling or unable to accommodate, that situation can actually work in your favor and may open the door to additional legal remedies.

There may also be some protection available to you under the FMLA (Family Medical Leave Act), the ADA (Americans with Disabilities Act), or through a collective bargaining agreement if you belong to a union. These laws do not necessarily prevent a termination, but they may allow you to get your job back and potentially recover additional damages.

The Most Common Times Employers Terminate Injured Workers

Employers fire injured workers at different points throughout the claims process. Sometimes it happens immediately following the injury, perhaps on the grounds of an alleged safety violation. Other times, a worker is let go while they are off work healing after they have exhausted their 12 weeks of FMLA coverage.

One of the most common moments for termination is after a worker has reached MMI (maximum medical improvement) and has been assigned permanent work restrictions. When that happens, you should promptly provide your employer with your permanent work restrictions and formally ask for work that falls within those restrictions. You must be ready, willing, and able to do the job offered to you.

This area of the law is filled with traps that can cost injured workers thousands of dollars. Navigating it without an attorney is a serious risk. If you are facing termination or have already been fired, you should speak with a qualified workers' compensation attorney as soon as possible.

When Your Employer Claims You Were Fired for Another Reason

Keep in mind that employers will almost always try to frame a termination as being unrelated to the work injury. They have a financial incentive to do this because the reason for your termination can affect the amount of compensation you receive. Common claims include poor job performance, tardiness, missing work for personal reasons, or employment misconduct.

The fact that your employer claims you were fired for something other than your injury does not mean that claim is accurate. A skilled workers' compensation attorney can dig into the facts and help you determine whether the stated reason holds up.

Filing for Unemployment After a Work Injury: What You Need to Know

If you have been let go, you may be thinking about filing for unemployment. Before you do, there are three key things to understand.

Ways Your Workers' Compensation Benefits Can Be Stopped

If you are currently receiving weekly workers' compensation benefits, you are right to wonder whether they can be stopped. The honest answer is yes, they can be stopped at any time, for reasons that are sometimes legally valid and sometimes not. Here are the most common ways it happens and what you can do about each.

1. You Receive a 30-Day "Auxier" Notice Letter

Before stopping your benefits, the insurance company is required under Iowa law to send you written notice at least 30 days in advance. This notice is valid under three circumstances: you have returned to work in a capacity that provides gainful employment, you have reached MMI and have been released to return to work, or your functional impairment rating has been paid in full.

If you receive one of these letters, your first call should be to a workers' compensation attorney to evaluate whether the action is legally proper in your situation. If the insurance company fails to provide you with the required notice, they can face a penalty of up to 50% of the benefits that were not properly paid.

2. Your Claim Is Being Denied

Even if the insurance company has been paying your medical bills and weekly benefits, they can deny your claim at any time and for virtually any reason. In most cases, a denial comes after the insurer obtains a medical opinion from a physician stating that your condition is not work-related. They are required to include the reason for the denial in their letter to you, but they often do not.

One warning sign that a denial may be coming is when the insurance adjuster starts delaying approval of your medical treatment. If the doctor they selected recommends an MRI, surgery, or other testing and that approval does not come through within a few days, the insurance company is likely looking for a way out. The first side to obtain a medical causation opinion from your treating doctor often gets the answer they want. That means the adjuster may be feeding your doctor incomplete or inaccurate information in order to get a letter stating your condition is not job-related.

When facing a denial, you have two choices. You can accept it, pay your own medical bills, lose the income you were owed while off work, and potentially walk away from tens of thousands of dollars in permanent injury compensation. Or you can have a qualified workers' compensation attorney evaluate your case at no cost, review your medical records, and if necessary, send you to an independent doctor for further evaluation at no expense to you.

3. The Insurance Adjuster Simply Stops Sending Your Checks

This is a tactic that insurance adjusters use more often than most injured workers realize. Your weekly workers' compensation check should function just like a paycheck: delivered on time and consistently each week. If an adjuster goes on vacation, forgets to authorize the payment, or simply decides to let it slide, your checks can stop for a week or longer.

The insurance company can be penalized up to 50% for failing to pay weekly benefits on time, but that remedy comes during the litigation phase of your case and does not help you right now when rent and other bills are due. If your checks are not arriving regularly and on time, do not wait to speak with a workers' compensation attorney.

What the Insurance Company Does Not Want You to Know

Insurance companies are among the wealthiest and most powerful corporations in the country. They invest heavily in lobbying politicians and shaping laws to reduce the rights and compensation available to injured workers. What they cannot control, however, are judges and juries who hear the actual facts of your case. There are five things insurance companies hope you never find out.

Why Having a Norwalk Workers' Compensation Attorney Makes a Difference

Workers' compensation law is complicated, and the stakes are high. The changes made to Iowa workers' compensation law in 2017 created new traps throughout the process that have cost injured workers significant amounts of money. Employers and insurance companies understand these rules in detail and are prepared to use them. Workers who try to navigate the system alone often discover too late that they have made decisions that permanently reduced their compensation.

An experienced workers' compensation attorney levels that playing field. They know how to meet with your treating physicians to obtain the medical opinions needed to prove your injuries are job-related. They know when a benefit denial is legally proper and when it is not. They know how to identify when an insurance adjuster is deliberately stalling or underpaying. And they know how to handle return-to-work situations in a way that protects your rights rather than destroying your case.

Most importantly, a workers' compensation attorney is paid only if they win money on your behalf. There are no upfront costs and no fees charged on weekly benefits that the insurance company already voluntarily pays. That means there is no financial risk to getting a professional evaluation of your case.