Legal Question in Workers Comp in Virginia

Re: Firing while under doctor's care

Dear Ms. Moseley:

I am a Virginia Lawyer who specializes in Workers Compensation matters. You indicated you were under doctor's care for a workers compensation injury. Is it legal? This is a difficult question. First, being fired should not have any impact on your receipt of workers compensation benefits. Second, if you are still under doctor's work restrictions due to your injury, then you should be eligible for the continuation of those benefits, including weekly compensation. If the employer is "firing" you because you had a workers compensation injury, then this could give you a potential claim to sue the employer. This can be difficult to prove. For more information check my website. If the employer fired you for other reasons, then that may be legal. Virginia is an employment at will state. This means unless you are a state, city, or union employee, the employer can terminate you at any time.

Re: Firing while under doctor's care

It is often lawful, but you may want to consult with an attorney that does work comp and employment cases.

Good luck!