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If you are unsure of whether or not you can be fired while receiving these benefits, our Washington, DC workers’ compensation lawyers can help.
Our award-winning attorneys have a complete working knowledge of state employment and workers’ compensation laws, as well as over 200 years’ worth of collective experience in litigation. Our firm has won over $1 billion in settlements to date and is well-versed in navigating the complexities of filing workers’ compensation claims, meeting filing deadlines, and securing compensation. This work has earned us more than 100 5 star Google reviews to date, along with accolades from some of the legal industry’s most prestigious directories, including Super Lawyers, Best Lawyers, and Best Law Firms.
An employer cannot fire you for filing a workers’ compensation claim. However, they can fire you while on workers’ compensation if you were not abiding by company policies or were not performing well prior to the accident. If you are concerned about being fired while on workers’ compensation, Regan Zambri Long is here to explain your rights. Contact us 24/7 for a free consultation and an attorney will call you back.
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Collecting workers’ compensation does not mean you are protected legally from being fired. Instead, you still may face termination for reasons unrelated to your workers’ comp filing, or the injury.
Common reasons for employment termination may include reporting to work late repeatedly, leaving early, taking longer breaks, missing deadlines, insubordination, etc.
Further, if you have an employment contract that states that the employer may terminate you after not working for a period of time, you may be fired while on workers’ compensation.
However, if you are being accused of these activities and they are not true, and instead you think it is a ploy to terminate you because of your workers’ compensation claim, you may need a DC workers’ compensation lawyer to protect your rights.
If you are fired while collecting workers’ compensation, you may still be entitled to those benefits if your doctor doesn’t feel you are able to work yet.
However, know that if you quit your job while filing a claim or prior to filing a workers’ comp claim, your case may be dismissed as it can impact the validity of your claim.
In some cases, it may be completely legal for your employer to fire you if you cannot return to your old position. If your doctor feels that you have reached peak medical improvement, you may be permitted to return to work, but with a permanent disability or physical limitations which means you may not be able to do the job you once had.
Though you may be able to complete the job with accommodations, if the employer does provide those reasonable accommodations, yet you still cannot perform, your employer could fire you.
However, your employer may also take the opportunity to instead switch you to a new position so you can stay employed within the company. Know however, that the job you are offered may not pay as much as your previous position, and your employer is not legally obligated to pay you at your old rate.
Other options your employer may seek instead of keeping you away from work while on workers’ compensation, may include offering you light-duty work while you heal. This is paid as your regular salary instead of the workers’ comp benefits.
If you were unlawfully fired while collecting workers’ compensation benefits, know that you may have a retaliation lawsuit against your employer.
Though each state has its own workers’ compensation laws, no employer is legally permitted to retaliate against you for collecting workers’ compensation following a workplace injury; nor can they retaliate against another employee who testifies on your behalf. According to the DC Workers’ Compensation Act, Code § 32–1542, Retaliatory actions by employer prohibited, it is illegal for any employer or their agents to fire employees because they have claimed compensation or testified in a proceeding regarding their situation.
Unfortunately, these unlawful terminations happen, making some injured employees simply not file a claim. However, you don’t have to take it to that extreme.
The workers’ compensation attorneys of Regan Zambri Long fight for the rights of employees who have experienced an injury in the workplace.
Whether you need guidance on filing a workers’ compensation claim, have experienced discrimination from your employer following a workers’ comp filing, or are fearful that you may be fired after collecting workers’ compensation, we can help.
Our team will review the case, and help you receive the benefits you are entitled to. If you have been offered employment accommodations, are being asked to consider light-duty work, or have been offered a different position, we can help you understand your rights.
Since 1997, our attorneys have used our firm’s full range of resources to seek justice on behalf of our clients. Our work has earned us several renowned industry accolades, with three of our named partners holding AV ratings from Martindale-Hubbell, and all six partners named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list for 2025. Seven of our legal experts have been honored as Super Lawyers, with Salvatore Zambri named to the Top 10 Super Lawyers in Washington, DC, and Zambri, Paul Cornoni, and Patrick Regan featuring in the list of the Top 100 Super Lawyers in Washington, DC.
These seven dedicated professionals have also been listed as Best Lawyers; Patrick Regan was named Lawyer of the Year for Mass Tort Litigation and Medical Malpractice Law in 2022, 2024, and 2020, Salvatore Zambri was named 2020 Lawyer of the Year for Product Liability Litigation, and Paul Cornoni has been nominated as Lawyer of the Year for Workers’ Compensation for 2026. Best Lawyers also owns Best Law Firms, which our law firm has been awarded annually, demonstrating the quality and professionalism of our legal work.
For a no obligation, free consultation, contact the workers’ comp lawyers of Regan Zambri Long by calling 202-978-4851 or by completing our online contact form.
It is lawful for your employer to fire you while you are collecting workers’ comp in Washington, DC, under certain conditions only. You cannot be fired because you filed for workers’ compensation, or because you have testified in a proceeding related to your claim. You can, however, still be fired if you consistently arrive late or leave early at work, take excessively long breaks, fail to follow instructions from your managers, or miss deadlines.
It is also legal for your employer to fire you if your contract of employment stipulates that they can terminate your position if you have not worked for a specific period of time.
If you choose to leave your job before or during your workers’ compensation claim filing process, it is unlikely that you will receive the benefits you have applied for. Quitting your job while filing a claim, or before you file, can mitigate the validity of your application and might lead to it being dismissed.
If you have suffered severe injuries and disability as a result of your work injury, the decision to keep you in your role will fall to your employer. This is especially true if you are not able to return to your former position, as sustaining a permanent disability or limitation may prevent you from fulfilling the work responsibilities you once had.
Your employer is not legally obliged to retain you in your role in these cases. Some may provide you with accommodations to help you complete your job, offer you light-duty work, or move you to a different role within the company. If you are still unable to perform, however, your employer may decide to terminate your employment. They are also not obliged to offer you a new position with similar pay as your previous role.
After recovering from your work injury, your doctor may initially clear you to return to work for light-duty tasks only. Your employer may then offer you light-duty tasks as a way to slowly introduce you back into your role, instead of providing you with workers’ compensation benefits. Because this light-duty work is salaried work, you cannot claim workers’ comp while you are performing it.
Any employer who unlawfully fires employees in Washington, DC for claiming workers’ compensation or testifying about their injuries will face penalties, according to the DC Workers’ Compensation Act, Code § 32–1542, Retaliatory actions by employer prohibited.
If you have been wrongfully fired or discriminated against, the law states that you may be restored to your role and provided compensation by your employer for any wages you have lost due to being fired. Your employer could also face a fine of between $100 and $1,000, to be determined by the Mayor. It’s important to note that your employer is not obligated to rehire you or compensate you if you are no longer qualified to perform the duties of your role.
For a no obligation, free consultation, contact the workers’ comp lawyers of Regan Zambri Long by calling 202-978-4851 or by completing our online contact form.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.