Can an Employee be terminated while on Worker's Compensation?

Employees have limited rights under Worker's Compensation.  Some of those rights are in §386-142 with respect to suspension or discharge.  

Some employees incorrectly think that they cannot be discharged while under WC.  An employer can suspend or discharge an injured employee, but the employer is under a heavy burden of proof.  The employer must be able to show that the employee will no longer be able to perform his work as a result of the work injury and that the employer has no other work which the employee can do after the suspension or discharge, and this continues until the employee finds a new job.

If you are a State employee and you feel you have been wrongfully terminated because of a work injury, you may file a complaint with the Disability Compensation Division.

An employee of a private employer may file a complaint for wrongful termination under §378-32 with the Wage Standards Division of the Department of Labor.   The general rule is that an employee has 30 days to file with DLIR.  The remedies are limited to reinstatement, back pay and attorney's fees.  There may be a tort remedy in civil court.

 

dividers2

Please Donate Today

HIWA is a 501(c) (3) non-profit organization

Email:  info@hiwahawaii.org

Our Non-Profit Status

On 12/12/2012 HIWA was granted its non-profit status by the IRS, effective as of 11/30/2011
ER ID No. 45-4038392

Next HIWA Meeting

HIWA Board Meeting Schedule 2024

How To Submit Testimony