The simplest answer is yes, you can be fired while receiving workers’ comp in Michigan. The law does not protect your job. However, if your employer fires you in retaliation for filing a workers’ comp claim, then that is illegal and you can pursue a wrongful termination lawsuit, and we highly recommend reaching out to the Law Offices of David Zimmerman for assistance.

Many of our clients worry about losing benefits like health insurance, seniority, and pensions after a work-related injury.  Employers often have to replace injured employees who can’t return due to work restrictions. Fortunately, you are still entitled to wage loss benefits as long as your disability continues.

If you happen to be fired or terminated while on workers’ comp, the value of your lost fringe benefits, like health insurance, travel allowances, or pensions can be included in your weekly comp rate. Do note that your payments cannot exceed two-thirds of the state average weekly wage.

If I Am Fired, Can I Still Collect Workers’ Comp?

Workers’ comp benefits continue even if you are fired, unless the reason you were fired was due to your own intentional and willful misconduct. Intentional and willful misconduct consists of violating clear work rules on purpose or being intoxicated during the work-related injury. Simply failing a drug test alone does not automatically disqualify you from benefits, but a strict and consistently enforced drug policy can allow for your employer to challenge your claim.

Light Duty Work

If you are working light-duty and get fired due to intentional and willful misconduct, you may lose eligibility for wage loss benefits. Some union and employment contracts have added protection.

If your workers’ comp is denied unfairly, or your employer is retaliating against a workers’ comp claim, do not hesitate to reach out for a free consultation here at the Law Offices of David Zimmerman where we will fight to protect your rights.

Injured At Work? Contact The Law Offices Of David Zimmerman For a Free Consultation

Request a Free Case Evaluation now at 1-866-464-2889. Clients Represented in Thousands of Workers’ Compensation Claims, Trials, Settlements in Metro Detroit, Michigan, Lansing, MI, Flint, MI, Saginaw, MI, Monroe, Michigan, Michigan’s Thumb and Port Huron areas. Every day we work with our clients as we go about taking care of their crucial legal issues. The trust we develop with our clients is the foundation of our relationships. At the Law Offices of David Zimmerman, our attorneys help our clients achieve their goals by offering premium legal services. We never stop working to continuously strengthen those relationships.