Getting hurt on the job is stressful enough. The fear of losing your paycheck, dealing with medical treatment, and trying to recover physically can quickly become overwhelming. For many injured workers in Massachusetts, another question immediately follows:
“Can I be fired while receiving workers’ compensation benefits?"
The short answer is: yes, an employer can terminate your employment in some situations — but they cannot legally fire you because you filed a workers’ compensation claim.
Understanding the difference is critical.
At Percy Law Group, PC, we regularly speak with injured workers throughout Taunton, Boston, Fall River, New Bedford, Plymouth, Brockton, and across Massachusetts who are worried that reporting an injury or collecting benefits will cost them their jobs. In many cases, employers and insurance companies take advantage of confusion surrounding Massachusetts workers’ compensation laws.
This guide explains your rights, what protections Massachusetts law actually provides, and what steps you should take if you were fired while receiving workers’ compensation benefits.
Understanding Workers’ Compensation in Massachusetts
Massachusetts law requires most employers to carry workers’ compensation insurance for employees who suffer work-related injuries or occupational illnesses. Benefits may include:
- Medical treatment
- Temporary total disability benefits
- Partial disability benefits
- Permanent disability compensation
- Vocational rehabilitation
- Mileage reimbursement for medical travel
The Massachusetts workers’ compensation system is administered through the Department of Industrial Accidents (DIA).
If you are injured at work, you generally have the right to pursue benefits regardless of who caused the accident.
Unfortunately, many workers mistakenly believe that filing a claim automatically protects their employment. That is not always true.
Can You Be Fired While Receiving Workers’ Compensation in Massachusetts?
Yes. Massachusetts is generally considered an “at-will employment” state. That means employers can terminate employees for many reasons, including:
- Downsizing
- Poor performance
- Attendance issues
- Company restructuring
- Economic layoffs
- Inability to perform job duties
However, there is an important legal limitation:
Your employer cannot fire you in retaliation for filing a workers’ compensation claim.
That distinction matters tremendously.
Massachusetts law protects workers from retaliation tied to asserting their legal rights after a workplace injury.
At Percy Law Group, PC, we often explain this concept to injured workers this way:
Your injury does not make you untouchable, but your employer cannot punish you simply for filing a claim.
What Counts as Illegal Retaliation?
Retaliation occurs when an employer takes adverse action against an employee because they exercised a protected legal right.
Examples may include:
- Firing you immediately after reporting an injury
- Cutting your hours after filing a claim
- Demoting you because of medical restrictions
- Harassing you for seeking treatment
- Threatening termination if you pursue benefits
- Refusing to rehire you because of your claim
Massachusetts law under MGL c. 152 §75B provides certain protections for injured workers.
If an employer terminates you specifically because you sought workers’ compensation benefits, you may have grounds for a retaliation or wrongful termination claim.
What Happens to My Workers’ Comp Benefits If I Get Fired?
One of the biggest misconceptions in Massachusetts workers’ compensation cases is that termination automatically stops benefits.
That is usually false.
You may still receive workers’ compensation benefits even after termination.
Your eligibility for benefits depends primarily on:
- Your medical condition
- Your disability status
- Your work restrictions
- Whether your injury remains work-related
It does not automatically depend on whether you remain employed by the same company.
For example:
If a warehouse worker in Taunton suffers a serious back injury and is later terminated during recovery, they may still continue receiving:
- Weekly disability checks
- Medical treatment coverage
- Physical therapy
- Prescription reimbursement
As long as they remain medically unable to return to suitable employment, benefits can continue.
At Percy Law Group, PC, we routinely help injured workers fight insurance company attempts to improperly terminate or reduce these benefits after job loss.
Can My Employer Fire Me Because I Cannot Return to Work?
This is where Massachusetts workers’ compensation and employment law become more complicated.
An employer may sometimes legally terminate an employee who:
- Cannot perform essential job duties
- Has permanent restrictions
- Cannot safely return to the position
However, employers may also have obligations under:
- The Americans with Disabilities Act (ADA)
- Massachusetts anti-discrimination laws
- Reasonable accommodation requirements
For example:
If a nurse in Massachusetts suffers a lifting injury and can no longer lift patients, the employer may need to explore reasonable accommodations before termination.
Every case depends on:
- The severity of the injury
- Available modified duty
- Company size
- Medical restrictions
- Employment policies
This is why speaking with an experienced Massachusetts workers’ compensation attorney is so important.
Percy Law Group, PC, carefully evaluates both the workers’ compensation issues and the potential employment law implications in these cases.
Can My Employer Force Me Back to Light Duty?
Employers frequently offer “light duty” positions after workplace injuries.
Sometimes these offers are legitimate. Sometimes they are strategic attempts to reduce benefits.
In Massachusetts, questions often arise such as:
- Is the job medically appropriate?
- Does it comply with restrictions?
- Is the wage significantly lower?
- Is the position temporary?
- Is the work genuinely available?
If suitable work is offered within your restrictions and you refuse it without justification, insurers may attempt to reduce or suspend benefits.
However, workers should never feel pressured to return before their doctor clears them.
At Percy Law Group, PC, we regularly advise injured workers on:
- Light-duty disputes
- Return-to-work issues
- Benefit termination attempts
- Independent medical examinations (IMEs)
What If I Was Fired Shortly After Filing a Claim?
Timing matters.
If you were terminated immediately after:
- Reporting an injury
- Filing a workers’ compensation claim
- Hiring a lawyer
- Requesting medical leave
That may raise serious concerns about retaliation.
Some warning signs include:
- Sudden disciplinary write-ups
- Negative performance reviews that never existed before
- Hostile management behavior
- Pressure to resign
- Threats tied to your injury claim
Employers often attempt to disguise retaliation as:
- “Restructuring”
- “Attendance problems”
- “Policy violations”
- “Budget cuts”
But if the facts suggest your injury claim triggered the termination, legal action may be possible.
An experienced workers’ compensation attorney can help gather:
- Personnel records
- Internal communications
- Medical documentation
- Witness statements
- Timeline evidence
These details can become extremely important in proving retaliatory conduct.
Do Union Workers Have Additional Protections?
Yes, in many cases.
Union employees in Massachusetts may have protections under:
- Collective bargaining agreements
- Seniority provisions
- Grievance procedures
- Arbitration rights
Industries where this frequently arises include:
- Construction
- Public transportation
- Manufacturing
- Healthcare
- Municipal employment
Percy Law Group, PC, represents many union workers throughout Massachusetts and understands how workers’ compensation claims intersect with union protections and employment contracts.
Common Massachusetts Workers’ Compensation Scenarios
Construction Worker Injuries
Massachusetts construction workers face some of the highest workplace injury rates.
Common injuries include:
- Falls from ladders
- Scaffold accidents
- Crush injuries
- Electrocution
- Back injuries
Construction workers are often especially concerned about retaliation because many jobs are seasonal or project-based.
In some situations, injured workers may also have third-party claims against:
- General contractors
- Property owners
- Equipment manufacturers
Healthcare Worker Injuries
Nurses, CNAs, and hospital workers frequently suffer:
- Lifting injuries
- Shoulder tears
- Repetitive stress injuries
- Patient assault injuries
Healthcare employers may attempt to push injured workers back into physically demanding positions before recovery is complete.
Warehouse and Delivery Worker Injuries
Massachusetts warehouse employees and delivery drivers often experience:
- Repetitive trauma
- Knee injuries
- Back injuries
- Slip-and-fall accidents
These industries also tend to have aggressive productivity expectations that can complicate return-to-work disputes.
What Should You Do If You Were Fired While on Workers’ Comp?
If you were terminated while receiving workers’ compensation benefits, take these steps immediately:
1. Save All Documentation
Keep:
- Termination letters
- Emails
- Text messages
- Medical records
- Work restrictions
- Pay stubs
Documentation can become critical evidence.
2. Continue Medical Treatment
Do not stop treatment because you lost your job.
Ongoing medical records help establish:
- Continued disability
- Treatment needs
- Benefit eligibility
3. Avoid Social Media Mistakes
Insurance companies frequently monitor social media accounts.
Photos or videos taken out of context may be used against you.
4. Speak With a Massachusetts Workers’ Compensation Lawyer
Many workers wait too long to seek legal advice.
Insurance companies and employers often move quickly after a termination. Early legal guidance can help protect both:
- Your benefits
- Your employment rights
At Percy Law Group, PC, we help injured workers understand:
- Whether the firing may have been retaliatory
- Whether benefits should continue
- Whether additional legal claims may exist
How Percy Law Group, PC, Helps Injured Workers in Massachusetts
Workers’ compensation cases become significantly more complicated when employment termination is involved.
Insurance companies may attempt to:
- Cut off benefits
- Force premature return to work
- Use surveillance
- Dispute disability status
- Exploit confusion about your rights
Percy Law Group, PC aggressively advocates for injured workers throughout Massachusetts by:
- Filing workers’ compensation claims
- Representing clients before the DIA
- Challenging denied benefits
- Fighting improper benefit termination
- Evaluating retaliation claims
- Negotiating settlements
Our firm understands that injured workers are often facing:
- Lost income
- Medical stress
- Family pressure
- Fear about future employment
That is why Percy Law Group, PC, focuses on protecting clients at every stage of the process.
Frequently Asked Questions
Can I lose my workers’ compensation benefits if I get fired?
Not automatically. Benefits may continue if you remain medically eligible.
Can my employer fire me for filing a workers’ compensation claim?
No. Retaliation for filing a claim is illegal under Massachusetts law.
Can I still get medical treatment after termination?
Yes. Workers’ compensation medical benefits generally continue if treatment remains related to the workplace injury.
What if my employer says there is no light duty available?
That may affect employment status, but it does not automatically eliminate your right to workers’ compensation benefits.
Should I hire a lawyer after being fired?
Absolutely. Termination during a workers’ compensation case can create complicated legal and financial issues.
Speak With a Massachusetts Workers’ Compensation Lawyer Today
If you were injured on the job and are worried about losing your employment, you do not have to navigate the system alone.
Whether you were:
- fired while on workers’ comp,
- pressured to return to work,
- denied benefits,
- or retaliated against after reporting an injury,
Percy Law Group, PC can help you understand your legal rights and options. Our Massachusetts workers’ compensation attorneys fight to protect injured workers throughout Taunton and across the Commonwealth.
Contact Percy Law Group, PC today for a consultation and learn how we can help you pursue the benefits and protections you deserve.