Almost all employees in Arizona are “at-will” which allows you to be fired for any reason, at any time. But this will not affect your right to workers’ compensation benefits.
In Arizona, you cannot be fired for filing a workers’ compensation claim or reporting a workplace accident. Under the Arizona Employment Protection Act, specifically ARS 23-1501(A)(3)(c)(iii), employers cannot fire employees for filing a workers’ compensation claim.
Can I be Fired While Receiving Workers’ Compensation Benefits?
It is possible to be terminated from your employment if you have filed a successful claim for workers’ compensation benefits.
Examples of how this can happen include:
- Poor work performance
- Layoffs
- You are permanently disabled and cannot perform your basic job responsibilities
Will My Workers’ Comp Benefits Continue if I Get Fired?
Ordinarily, even if your employer terminates your employment, if you are currently receiving workers’ compensation, you should still receive your benefits until you fully recover from your work-related injury or reach your point of maximum medical improvement.
What to Do if Your Employer Fires You for Making a Workers’ Comp Claim
If your employer terminates your employment, and you believe that the reason was because you filed a workers’ compensation disability claim, then, depending on your circumstances, you may have legal options under Arizona or federal law.
Wrongful Termination Under Arizona Law
If you were fired after a work-related accident or illness, this could be grounds for a wrongful termination claim under Arizona law.
Retaliatory Termination Under Arizona Law
Retaliatory termination occurs when your employer fires you because you filed a workers’ compensation claim.
Retaliatory termination cases can be challenging to prove because, in most cases, the employer will claim that it terminated your employment for another reason.
You must provide clear and definitive evidence that your firing was because you filed a workers’ comp claim.
Discrimination Under the Americans with Disabilities Act (ADA)
If your work-related accident or illness makes you disabled, but you can still do your job with reasonable accommodations, your employer violates the ADA if it fires you.
For claims you make under Arizona law, you have one year to file the claim against your employer, beginning when the wrongful termination occurred.
For ADA claims, under federal law, you must make your claim within 180 days after the date on which the discrimination occurred.
But if the Arizona Civil Rights Act applies to your claim, then this period increases to 300 days.
Are You Concerned About Your Workers’ Compensation Benefits Continuing?
If you are worried about the possibility of your employer firing you and your workers’ compensation benefits continuing, please call Matt Fendon Law Group at (800) 229-3880.
Our attorneys can help you with your benefits and ensure you continue to receive the compensation you need to pay medical bills and living expenses.
