Can you fire someone on workers comp?

People often ask whether you can fire someone on workers comp, whether you can terminate someone on workers comp, or can I fire someone on workers comp—and whether you can terminate an employee on workers compensation for unrelated reasons. The short answer is that workers' compensation status alone is not a free pass against all terminations, but retaliation for filing or pursuing a claim is unlawful under many state workers' compensation laws, and separate federal laws may also protect the employee. ^[1][2][3] At-will employment and lawful terminations In most U.S. private-sector jobs, employment is at-will, meaning an employer may end the relationship for many reasons that are not illegal. In theory, an employer might lawfully terminate someone who is on workers' compensation if the reason is genuinely unrelated to the claim—for example, a company-wide layoff based on neutral criteria—provided no prohibited motive is involved. However, if the timing, comments, or circumstances suggest the termination was because the person filed for or received workers' compensation benefits, that can support a retaliation claim under state law (and sometimes other statutes). ADA and medical restrictions If the work injury or another condition qualifies as a disability under the ADA, the employer may have a duty to engage in the interactive process and provide reasonable accommodations unless doing so would impose an undue hardship. ^[1] Terminating someone solely because of a disability or refusing to consider accommodation can violate the ADA even when workers' compensation is also in play. FMLA overlap If the employee is eligible for the FMLA, taking leave for a serious health condition may be protected, and interference with FMLA rights or retaliation for using leave is prohibited. ^[2] Workers' compensation, the ADA, and FMLA can overlap; the specific facts and state workers' compensation rules control many details. Practical takeaway Employers should document legitimate, non-retaliatory business reasons for any separation and consult counsel when the employee is on leave or has a pending claim. Employees who believe they were fired because of a workers' comp claim or protected leave should consider documenting events and speaking with an employment lawyer. ^[3]