Can I Get Laid Off While On Temporary Disability Leave For A Workplace Injury?


Posted by: Chris

Like most states, Oklahoma is an at-will employment state. This means that employers have the right to terminate employees at any time. However, there are some exceptions to this rule.

One of these exceptions is for any employee who is on temporary disability leave for a workplace injury. Oklahoma employers are prohibited from terminating temporarily disabled employees if the reason for termination is because the employee had to take time off work to recover from a work-related injury.  Employers are also prohibited from terminating temporarily disabled employees to avoid paying workers’ compensation benefits.

However, there is an exception to this exception: if your employer would have laid you off even if you were still on the job for reasons other than your temporary disability, your job is not necessarily protected.

Do Oklahoma employers have to rehire or retrain temporarily disabled employees?

After exhausting their temporary total disability benefits, injured employees are evaluated by a physician to determine whether they are capable of returning to work and can perform their pre-injury work duties.

Unfortunately, many workers who have exhausted their temporary total disability benefits find that they are physically unable to return to their pre-injury position. In this case, their employer is not legally obligated to rehire or retrain them to work in another position.

If you think you may be laid off simply because you are out on temporary disability or in retaliation for filing a workers’ compensation claim, you should talk with a workers’ compensation attorney to learn more about your rights.

Have you been injured at work?  If so, seek legal representation from the experienced attorneys at Armstrong & Vaught, P.L.C. right away. Our attorneys have helped countless workers fight for workers’ compensation benefits. Now, let us help you secure the benefits you deserve. Call us now at 918-582-2500, toll-free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.