Accidents may happen. As for workplaces, you spend a lot of your time in your workplace. You may get injured during the course of your job – regardless of whose fault it is, the office is supposed to grant you a leave until you recover from the workplace injury. Depending upon your injury’s severity, you could be in the hospital for days, weeks, or even months. It could also lead to bed rests.
During this time, you will have to take a leave from office. For severe injuries leading to prolonged leaves, it may lead to an excruciating question – what happens to the job during the time of injury? Or, what if the company decides to fire you for the injury?
For most situations, there are laws and regulations which protect the employees from such circumstances. There are workers’ compensations, medical leaves, and many other similar terms. However, most people do not know what these actually mean and how you can benefit from them during times of workplace injury.
So, without further ado, let’s get straight into what worker’s compensation is and how you can truly benefit from it.
Workers’ Compensation – What’s It?
Whenever an employee is dealing with a workplace injury, there are a number of situations that arise. First of all, he/she is not able to work, meaning that they can’t receive wages. Also, the loss of income is coupled with the additional medical bills. This can lead to a very difficult situation for both the employee and his/her own family.
To help the workers during this financial crisis, there has been legislation that provides compensations to workers who have been injured at work. This acts as a safety net and may include the medical bills, missed wages, or others depending upon the situation and severity of the injury.
Knowing exactly how to apply for workers’ compensation is crucial if you are to receive the benefits from it. For this, you must file a claim and also consult with your doctor to prove that you’ve been injured while working. Also, you will need to fill out papers within the deadline so that your employers get time to file the necessary documents.
Can You Be Fired For Claiming The Workers’ Compensation?
Whenever you’ve acquired workplace injury, you can find yourself in a tough spot. This is especially the case if you have an uncooperative boss or manager. If you are on an extended leave, you might think that filing for such workers’ compensation will lead to you getting fired.
However, that’s not in the best interest of your employer; you’re protected by law in case this happens. In case such retaliation occurs, you can take legal action against your company.
Can You Be Fired While On Workers’ Compensation?
Now, if you’re receiving your workers’ compensation and slowly recovering from the workplace injury, you have no worries of you losing your jobs solely because you’ve injured yourself and applied for the compensation. However, there can be other reasons why the employer might consider replacing you.
The Worker’s Rights and Employment Standards Act legislation in Canada states that employers can’t fire workers solely based on workplace injury incurred. However, a worker can be fired anytime, given that there are no civil rights violations.
Moreover, the fact that you’re at home recovering doesn’t mean that you’ll be dealt with differently. You’ll still be considered as any other employee, and you might be laid off during downsizing of the company or other systematic layoffs.
This said, you may be fired for any other reasons that your injury or claiming for the workers’ compensation benefits.
What If You’re Fired?
Well, if you’re fired for incurring the workplace injury, you should file a legal complaint against your company. For this, you should contact expert workplace injury lawyers in Canada. The lawyers will assess the situation and will recommend you on the next steps.
Also, you should file a workplace injury claim in the Workplace Safety & Insurance Board (WSIB). Find professionals who can handle the WSIB representation with expertise. They’ll help you get the outcome you deserve.
Dealing with a workplace injury can be very tough. You’re unable to work, meaning that you may not receive your wages and you’ll also incur medical bills that may set you back. Depending upon the severity of the injury, you might be off your work for days, weeks, and even for months. A prolonged leave might increase the chance of you losing the job.
However, this is not always the case. You might be fired for other reasons. This doesn’t mean the employer reserves the right to fire you for the workplace injury or claiming benefits.
This doesn’t mean that you won’t be fired. You still will be considered as any other employee, so the company reserves rights to fire you during times of downsizing or other layoffs.
In case you’re fired from work, you should at first consult with professional workplace injury lawyers and file a complaint in WSIB. The lawyers will lead your way through the process so that you get what you deserve!