If you get hurt at work, you probably know that workers’ compensation is there to help with your medical bills and cover lost wages. But what happens if you need a lot of time off? People often ask, “Does my employer have to save my job while I’m on workers’ compensation?” or “Can I return to my job after filing for workers’ compensation?” While workers’ comp helps with expenses, it doesn’t automatically guarantee that your job will be held. Whether your employer is required to keep your position depends on factors like state laws, the size of your company, and how long you’re expected to be off work.

Understanding Workers’ Compensation

Workers’ compensation is a type of insurance that most employers are required to have. It provides benefits to employees who get injured or become ill as a direct result of their job. These benefits typically include medical treatment, rehabilitation services, and partial replacement of lost wages while the employee is unable to work.

Workers’ comp is designed to help employees recover without the stress of losing income entirely. It also protects employers from being sued by employees for workplace injuries. In return for receiving workers’ comp benefits, employees generally give up their right to sue their employer for negligence.

However, workers’ compensation doesn’t automatically guarantee that your job will be waiting for you when you’re able to return to work. That’s where understanding additional laws and protections becomes important.

Employer Obligations Under Workers’ Comp Laws

Workers’ compensation laws vary from state to state, but generally, they outline how employers must treat employees who get injured on the job. Employers are required to provide compensation to help cover the costs of the injury and lost wages, but they are not always obligated to keep your job open.

There’s no universal federal law that forces an employer to hold your position indefinitely while you recover. Some companies may have their own policies that protect your job, and in some cases, state laws may offer additional protections. This is why it’s important to understand the specific rules in your state and workplace.

It’s also crucial to note that workers’ comp laws focus primarily on your financial recovery and medical care, not job security. For that, we need to consider other laws, such as the Family and Medical Leave Act (FMLA).

Job Protection Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for certain medical reasons, including recovery from a work-related injury. Under FMLA, your employer is required to hold your job (or a similar one) for up to 12 weeks while you’re on leave.

To qualify for FMLA, you must have worked for your employer for at least 12 months and have worked at least 1,250 hours during that time. Your employer must have at least 50 employees within a 75-mile radius. If you meet these criteria, you can take up to 12 weeks of leave without worrying about losing your job.

Once those 12 weeks are up, your employer may no longer be obligated to keep your job open. That’s why it’s important to understand the limits of FMLA protection and make plans accordingly.

Can You Be Fired While on Workers’ Comp?

While you can’t be fired solely because you filed a workers’ compensation claim, this doesn’t mean that your employer is required to keep your job open forever. In some situations, employers can legally terminate an employee who is on workers’ comp, especially if it’s clear that the employee will not be able to return to their job for a long time.

Employers may also be allowed to fire employees for reasons unrelated to the injury, such as company downsizing or poor job performance prior to the injury. It’s important to know that you’re protected against retaliation—meaning your employer cannot fire you just for filing a workers’ comp claim—but they do have the right to manage their workforce.

If you believe you’ve been wrongfully terminated while on workers’ comp, it may be necessary to consult an attorney who specializes in workers’ compensation and employment law.

does workmans compensation protect job security
Understanding your rights: Can your employer hold your job while you’re on workers’ compensation?

How Long Does an Employer Have to Hold Your Job?

The length of time your employer must hold your job depends on several factors, including whether you qualify for FMLA and your employer’s own policies. If you are eligible for FMLA, your employer must hold your job (or a similar position) for 12 weeks while you’re on leave.

Once FMLA protection ends, there’s no federal law that requires an employer to keep your job open. Some employers may voluntarily hold your position for longer, especially if they expect you to return soon. In other cases, you may be offered a different role within the company if your original job is no longer available.

If your employer decides to fill your position while you’re on workers’ comp, they must follow state laws and company policies, and they cannot discriminate against you because of your injury.

Reinstatement Rights After Returning from Workers’ Comp

When you’re ready to return to work after recovering from your injury, your employer is generally required to reinstate you to the same or a similar position, as long as FMLA applies or state laws require it. If your injury has caused long-term limitations, your employer may need to provide reasonable accommodations under the Americans with Disabilities Act (ADA).

Reasonable accommodations could include modified duties or even transferring you to a different position that fits your current abilities. Employers are required to work with you to find a solution that allows you to perform your job to the best of your ability.

If your employer refuses to reinstate you or provide reasonable accommodations, you may need to seek legal help to ensure that your rights are protected.

What to Do If Your Employer Doesn’t Hold Your Job

If your employer refuses to hold your job while you’re on workers’ compensation or denies you reinstatement after you recover, you may have legal options. First, you should try to communicate with your employer to understand their decision and explore potential solutions.

If this doesn’t resolve the issue, you may need to file a complaint with your state’s workers’ compensation board or seek advice from an attorney who specializes in employment and workers’ comp cases. An attorney can help you understand whether your rights have been violated and what steps you can take to protect yourself.

It’s important to act quickly if you believe your employer is treating you unfairly, as there may be time limits for filing claims or lawsuits.

Injured at Work? Get the Compensation You Deserve—Contact Us Today!

If you’ve been injured at work, you deserve to get the compensation that will help you recover and move forward. At Phillips Law Offices in Chicago, we’re here to help you every step of the way. Our experienced team of Workers Compensation Lawyer understands the challenges you’re facing and will fight to protect your rights. Reach out today for a free consultation and let us get started on your case. Call us now (312) 598-0917 to get the support you need!


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