Wednesday, November 19, 2008

What do I do when I'm working light duty but laid off?

During tough economic times, many employees face layoffs. One of the first types of employees that a company would layoff, for economic reasons, are the ones that are working light duty due to a work related injury. It is imperative that, if you are in this situation and you are facing a layoff, but you are currently working in a light duty status due to a work related injury, you need to talk to an experienced workers’ compensation lawyer immediately.

If you are laid off while working a light duty job, due to a work related injury, then your total disability wage benefits should be immediately reinstated. Despite the fact that this is clearly the law, many employers do not know this and will not reinstate workers’ compensation wage benefits once the employee is laid off.

Also, in many instances, the employer and/or workers’ compensation insurance company has not even officially accepted the work related injury. Then, once the injured worker is laid off, the insurance company will claim that they never officially accepted the work injury and, therefore, you will be completely out of luck.

That is why it is imperative that if you have a work injury, you need to report it and make sure that the workers’ compensation insurance company officially accepts the specific work injury so everything is official and formal. Then, if you do face a layoff for economic reasons, it will be easier to have your total disability wage benefits reinstated.