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Workers' compensation benefits and losing your job

When an employee is injured or sickened on the job, he or she is eligible for workers' compensation benefits from their employer. These benefits are paid to the employee while he or she recuperates from their injury or illness. They are stopped once their doctor deems that they are heathy enough to return to work or to some sort of employment. If you are fired from your job while receiving these benefits, you will keep receiving them.

If you are receiving workers' compensation benefits, your employer cannot fire you simply because you receive these benefits. Your employer is allowed to fire you for other reasons without ramifications if you are an at-will employee. This means that if they can no longer wait for you to return to work and need to fill the position, you might lose your job.

You will continue to receive your benefits if fired legally or illegally by your employer until your doctor says you can head back to work. While out of work, you will need to stay connected to the job market. This means that you must show a conscious effort that you have been looking for a new job, even if it isn't related to your previous area of employment.

Finding a new job will not hurt your benefits either, especially if you acquire employment your doctor says you can perform. You will still receive benefits due to the fact that you can no longer perform the aspects of your previous career.

Receiving workers' compensation benefits is protected by law. You cannot be fired for filing a claim for benefits. You also cannot be fired because you were awarded benefits. You can, however, be fired for any legal reason while receiving workers' compensation benefits and still receive them.

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