Were you injured outside of work recently? You may have difficulty performing your work duties, so it’s natural to ask: “Can your job fire you for being injured outside of work”? This is a complex question, and it’s critical to understand your rights as an employee to answer the question. If you think you have been unfairly terminated in Illinois because of a non-work injury, you could receive compensation for your injuries with the assistance of a Palatine personal injury lawyer.
Your Responsibilities As An Employee
After a non-work-related injury, it is critical to obtain medical treatment and healthcare. This is important for two reasons. First, you need to look after your health and maximize your recovery. Second, you can tell your supervisor about your non-work injury after you get medical treatment and prove that you have gotten treatment. You should get a note from the doctor’s office explaining your injury and how much time you need from work. The note from the doctor is critical because it shows that your physician states that you need time off work to recover.
Following these steps after suffering a non-work-related injury is vital if you want to keep your job. You could lose your job if you do not get medical treatment and obtain proof of injury from the doctor.
Consider A Personal Injury Claim
Were you injured outside of work because of someone’s negligence? In Illinois, you can seek damages in a personal injury claim or lawsuit if someone injures you. You should talk to a personal injury attorney about filing a claim against the liable party. Remember, because your injury happened outside at work, there is no guarantee that you can keep your job.
If you have a successful personal injury claim, you could receive compensation for your medical bills, lost earnings, and pain and suffering. These funds might be used to help you stay afloat financially during your recovery. Hopefully, your employer will keep your job available. If you got a note from your doctor about the time you need for recovery, many employers will be understanding and keep your job open.
How Likely Is It You’ll Be Fired For A Non-Work Injury?
It’s understandable to want to know what will happen with your job when you have a non-work injury. The biggest issue with this injury is it didn’t happen at work, so you will not receive workers’ compensation. However, the good news is you can sometimes turn to the Americans with Disabilities Act (ADA) when you have been hurt outside of your job.
Whether the ADA will benefit you depends on your employer. You should check your employment contract details. There is probably a termination section that may discuss the employee’s ability to do their job. Some work contracts in Illinois state that you can be fired if you cannot complete your job duties. If you see this language in your contract, it is possible you could lose your job.
But if your employment contract doesn’t have a section mentioning being fired for not being able to complete your duties, you may be able to rely on the ADA to keep your job. The ADA can be useful for someone with a long-term injury outside of work. The company cannot fire you once you have established that you have such an injury and the ADA applies. Also, the company must make accommodations if you return to work after sufficiently recovering.
Overall, you need to determine if you have a disability according to the ADA. The Act can help you understand whether you can continue working or need time off.
Workplace Accommodations You May Be Entitled To
If the ADA applies to your situation, there are many accommodations that your employer may have to provide so you can continue your job with a disability. Some examples are:
- Time off work for recovery
- Switching from full-time to part-time
- Making alterations to the work environment so you can do your job
Not every employer will be able to make reasonable accommodations. The ADA rule doesn’t apply to firms with fewer than 15 workers. The size of the company determines if it is possible to make a reasonable accommodation. Bigger companies usually find it easier to make accommodations because there have more resources and workers.
Employer Obligations For A Non-Work Injury
Even though you were injured outside of work, your employer still may have obligations to you. For example, the company must give you time off to recover from your injuries and get medical treatment. As noted earlier, seeing a doctor and getting a note about your injury is vital to getting time off. However, you might need to use sick leave or vacation time to get time off with pay.
It is important to check with your supervisor about your recovery period and whether you must use vacation days. You should know how many sick and vacation days you have before taking time off for your injury. It’s best not to have to take unpaid time off but you may want to reserve some of your paid leave if something else comes up.
What About FMLA?
The Family Medical Leave Act or FMLA may be an option if you have worked at your employer for over a year and it has over 50 workers. You may request unpaid leave under the FMLA, which gives you the right to leave your job for up to three months over a year.
After you make an FMLA request, the company has five business days to respond. The company has to outline your obligations and rights. Some of the information they must provide is if you need to give them a medical certification from your doctor. They also must inform you if you have a right to use paid leave for your injury and if you are required to do so.
Being injured outside of work and keeping your job is a complex matter. Review your situation with a licensed attorney for more information.
Featured Photo by Andrea Piacquadio
