If you are injured on the job and temporarily disabled, you are likely concerned with whether your job is protected while you are recovering. The U.S. Bureau of Labor Statistics reports that there were over 900,000 work-related injuries or illnesses in 2018 that caused a victim to miss time at work. In Oklahoma, people that are unable to perform any type of work while they recover from work-related injuries are considered temporarily disabled. These individuals are entitled to temporary disability benefits, which will help them make ends meet until they fully recover.
But what happens when they are ready to go back to work? Is their job protected during their recovery? Here’s what you need to know:
Does the Workers’ Compensation System Provide Job Protection?
Oklahoma is an at-will employment state, which means employers have the right to terminate employees at any time. However, there are some exceptions to this rule.
One exception to the at-will employment law applies to temporarily disabled workers. By law, employers are prohibited from terminating temporarily disabled employees solely because they have had to take time off of work to recover. Employers are also legally prohibited from terminating temporarily disabled employees to avoid paying workers’ compensation benefits. This means you cannot be fired simply because you are not at work while you recover from your work-related injuries.
Are Employers Required to Rehire or Retrain Temporarily Disabled Employees?
Injured workers are evaluated by a physician after exhausting their temporary total disability benefits. These workers must be evaluated to determine whether or not they are capable of returning to work and performing their pre-injury job duties.
Sadly, many workers who have exhausted their temporary total disability benefits find that they are physically unable to return to their pre-injury position. In this case, their employer is not legally obligated to rehire or retrain them so they can work in another position.
For example, let’s say you are injured while working in a warehouse. You undergo a medical evaluation after exhausting your temporary disability benefits. Your doctor believes you are physically unable to return to your pre-injury position as a result of your work-related injuries. It’s possible that you could perform other types of work, but your employer is not required to offer you or train you for another position within the company.
Have you been injured at work? If so, seek legal representation from the experienced attorneys at Armstrong & Vaught, P.L.C. right away. Our attorneys have helped countless workers fight for workers’ compensation benefits. Now, let us help you secure the benefits you deserve. Call us at (918) 582-2500 or toll-free at (800) 722-8880 or complete the simple form below for a free consultation with a skilled attorney.
5 FAQs About Job Protection and Workers’ Compensation in Oklahoma
1. Does Oklahoma workers’ compensation law protect my job while I’m recovering from a work injury?
Not exactly. Oklahoma is an at-will employment state, so employers can generally terminate workers at any time. However, the law prohibits firing you solely because you took time off for a work-related injury or to avoid paying your workers’ comp benefits.
2. Can I be fired while receiving temporary disability benefits?
You cannot be terminated solely for being temporarily disabled or for filing a workers’ compensation claim. But, you can be terminated for other valid reasons not related to your injury or claim.
3. Is my employer required to hold my job until I recover?
No, Oklahoma law does not require employers to hold your job while you are on temporary disability. Although they can’t fire you just for being injured, they are not obligated to keep your position open.
4. If I can’t return to my previous job, is my employer required to retrain or rehire me?
No. If a medical evaluation shows you can’t perform your old job, your employer is not legally required to offer you a different position or provide retraining.
5. What should I do if I think I was fired unfairly while recovering from a work injury?
You should contact a workers’ compensation attorney immediately. An experienced lawyer can help you determine whether your termination was lawful and fight to protect your rights.