Can I Be Fired While on Workers’ Comp in Connecticut?

If you’ve been injured on the job in Connecticut and are receiving workers’ compensation benefits, you may wonder: “Can my employer fire me while I’m on workers’ comp?”

The short answer: Your employer cannot fire you solely because you filed a workers’ comp claim or are collecting benefits. Connecticut law, strictly prohibits retaliation against employees who exercise their workers’ compensation rights.

However, Connecticut is also an at-will employment state, which means your employer may terminate you for legitimate, non-retaliatory reasons—such as company layoffs or performance issues—provided it is not due to your claim.

At The Nicholas Law Firm, our experienced Connecticut workers’ comp attorneys represent employees who face wrongful termination or retaliation while receiving benefits. If you’ve been fired or fear losing your job while on workers’ comp, contact us for a free consultation.

Is It Illegal to Fire Someone on Workers' Comp in Connecticut?

Yes, Connecticut law strictly prohibits employers from discharging, demoting, or discriminating against employees simply because they filed a workers' compensation claim or are receiving benefits. This protection makes retaliation for exercising your workers' comp rights unlawful. The goal is to ensure injured workers can seek the medical care and wage replacement they deserve without fear of losing their job.

• Retaliation is Prohibited: Firing you explicitly for filing a claim, testifying in a workers' comp hearing, or using benefits could lead to legal action against your employer.
• Burden of Proof: If you believe the termination was retaliatory, you may need to show a connection between your claim and the firing. Employers must then prove a non-retaliatory reason.
• Penalties for Employers: Violators can face fines, reinstatement orders, back pay, and other remedies through the courts or the Connecticut Commission on Human Rights and Opportunities (CHRO).

However, this doesn't make you untouchable—Connecticut is an "at-will" employment state, meaning employers can terminate for any reason not prohibited by law, as long as it's not discriminatory or retaliatory.

When Can an Employer Legally Fire You While on Workers' Comp?

While retaliation is off-limits, there are scenarios where termination is allowed, even if you're out on workers' comp leave. Common legitimate reasons include:

• Performance Issues: If your work quality was poor before the injury, or if you violate company policies (e.g., misconduct or excessive absences unrelated to the injury).
• Business Needs: Layoffs due to economic downturns, restructuring, or company-wide reductions in force that affect multiple employees.
• Inability to Perform Essential Duties: If your injury prevents you from returning to work after exhausting leave (including FMLA if applicable), and no reasonable accommodations are possible under the ADA.
• Fraud or Misrepresentation: If evidence shows you exaggerated your injury or committed fraud in your claim, this could justify termination.

Importantly, your workers' comp benefits typically continue even if you're fired, as long as the injury was work-related and you meet eligibility requirements like following medical advice. Termination doesn't automatically end your medical coverage or wage loss payments.

What to Do If You're Fired While on Workers' Comp in CT

If you suspect your termination was retaliatory, act quickly to protect your rights:

1. Document Everything: Keep records of the firing notice, any communications about your claim, performance reviews, and witness statements.
2. File a Complaint: Report the issue to the CHRO within 300 days of the retaliation, or file a lawsuit in superior court.
3. Consult an Attorney: A workers' comp lawyer can evaluate if you have a retaliation claim and help gather evidence. At Nicholas Law Firm, we handle these cases on a contingency basis.
4. Apply for Unemployment: You may qualify for unemployment benefits if the firing wasn't for misconduct, even while receiving workers' comp (though offsets may apply).

Remember, time limits are strict—don't delay seeking help.

How Does FMLA Interact with Workers' Comp in Connecticut?

If your injury qualifies, you may also be eligible for up to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA). During FMLA leave, your job is protected, and firing you could violate federal law in addition to state workers' comp rules. Workers' comp and FMLA can run concurrently, providing layered protections.

Conclusion: Know Your Rights and Seek Expert Advice

In Connecticut, you cannot be fired solely for being on workers' comp, but legitimate terminations are possible in an at-will state. If you believe retaliation played a role, legal recourse is available to hold employers accountable. Protecting your job and benefits starts with understanding the law and acting promptly.

The Nicholas Law Firm has successfully represented clients in workers' comp retaliation cases across Connecticut. If you're concerned about being fired while on workers' comp, reach out to us at 860-489-1878 or via our website for a free, confidential consultation. We're here to fight for your rights and ensure you receive the justice you deserve.

Disclaimer

This information is for educational purposes only. It is not legal advice; consult an attorney for your specific case.

Last Updated on July 25, 2025