If an employee in California is injured at work, you are entitled to workers’ compensation benefits. These benefits include medical treatment and wage replacement. However, if you are dismissed for misconduct, you may lose your right to these benefits.
If you are found to have committed misconduct, you may be terminated from your job and lose your right to workers’ compensation benefits. Read on to learn more about how a dismissal for misconduct may result in losing workers’ compensation benefits.
What is Misconduct?
Misconduct is defined as an act that violates the basic rules of employment. Misconduct can include such things as absenteeism, insubordination, dishonesty, theft, and violence. When an employee commits misconduct, they are violating the trust that their employer has placed in them. As a result, the employer may feel they can no longer trust the employee to perform their duties safely and honestly.
Employees who are terminated for misconduct are no longer entitled to workers’ compensation benefits. This is because workers’ compensation benefits are based on the premise that the employee was injured while performing their job duties. If the employee is no longer employed, they are not considered wounded while performing their duties.
What Are the Consequences of Losing Workers’ Compensation Benefits?
If you lose your workers’ compensation benefits, you will have to pay for your medical treatment and will not receive any wage replacement. This can be a financial burden, especially if you cannot work due to your injury. Losing your workers’ compensation benefits can also affect your ability to claim other benefits, such as social security disability benefits.
This is because social security disability benefits are based on your work history. If you have a gap in your work history due to being terminated for misconduct, you may have a more challenging time proving that you cannot work due to your disability. Overall, losing your workers’ compensation benefits can have a significant impact on your life. If you are facing termination for misconduct, you should speak to an experienced employment attorney to learn more about your rights and options.
What if I am Injured After I am Dismissed for Misconduct?
You may still be entitled to workers’ compensation benefits if you are injured after being dismissed for misconduct. This is because workers’ compensation benefits are based on the injured party’s injury, not the employment status. However, if your misconduct caused your damage, you may not be eligible for benefits. For example, if you are dismissed for fighting and are injured in a fight after being rejected, you would not qualify for workers’ compensation benefits.
Can I Appeal a Decision Denying Me Workers’ Comp Benefits?
Yes, you can appeal a decision denying you benefits. However, it is essential to note that the burden of proof is on you to demonstrate that you should receive benefits. An experienced attorney can assist you in gathering the evidence needed to support your claim.
How To Appeal a Decision Denying Me Workers’ Comp Benefits?
If you want to appeal a decision denying benefits, you must file a notice of appeal with the appropriate office within 30 days of the denial decision. Once you have filed your notice of appeal, you will be scheduled for a hearing. At the hearing, you will have the opportunity to present evidence and testimony to support your claim for benefits. An attorney can assist you in preparing for your hearing and can represent you at the hearing.
If you face termination for misconduct, you should speak to an experienced employment attorney to learn more about your rights and options. An attorney can also assist you if you appeal a denial of benefits. An attorney can help you gather the evidence you need to support your claim and can represent you at your hearing.
The preceding discussion shows how a dismissal for misconduct may result in losing workers’ compensation benefits. If you have any questions about this or any other area of law, please do not hesitate to contact us at 2H Law((619) 374-9320). We would be happy to discuss your situation and advise you accordingly.