Workers’ compensation is a safety net for employees who get injured or become ill because of their jobs. It covers medical expenses and lost wages, offering financial relief during a tough time. However, employees may be able to lose their jobs while on workers comp. Understanding how and why is critical.
Understanding workers’ compensation in Delaware
Workers’ compensation laws in Delaware protect employees who suffer work-related injuries or illnesses. These laws ensure that employees get necessary medical treatment and compensation for lost wages. The Delaware Office of Workers’ Compensation oversees these regulations.
Employment at will and workers’ compensation
Delaware is an “at-will” employment state. Employers can terminate employees for almost any reason or no reason at all, as long as it is not illegal.
However, they cannot terminate employees on workers’ compensation without consequences. The key question is whether the termination is retaliatory or discriminatory.
Retaliation and discrimination concerns
In Delaware, employers can’t retaliate against employees for filing a workers’ compensation claim. Retaliation includes firing, demotion, or any other adverse action. Employers also cannot treat employees differently because they are on workers’ compensation.
Justifiable termination reasons
Employers can terminate an employee on workers’ compensation for legitimate reasons. Reasons can include:
- Business needs, such as layoffs due to economic downturns or company restructuring.
- Documented poor performance unrelated to the injury.
- Violations of company policies.
Proving wrongful termination
If an employee believes they were wrongfully terminated while on workers’ compensation, they can file a complaint with the Delaware Department of Labor. The employee must show that the termination was directly related to their workers’ compensation claim.
Evidence can include the timing of the termination, the employer’s statements about the workers’ compensation claim, and comparison with other employees in similar situations who were not terminated.
Knowing your rights under Delaware law
Navigating workers’ compensation laws can be complex, especially when facing potential job loss. Gather evidence and explore your legal options if you believe you have been wrongfully terminated.