Temporarily disabled on workers compensation

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Reference no: EM133904684

Question

Under the guidance of workers' compensation law, the basic rule is that if you are temporarily disabled on workers' compensation, the employer may not discriminate against you by termination or layoff. One exception to the rule might be if it is clear through medical evidence that you will be unable to return to your usual occupation. Another exception is if your employer needs to replace your position because of business necessity, though the burden on the employer is very high; they may instead hire a temporary employee rather than replace you.

What are your thoughts around this basic guidance? Should a worker lose his/her job if they are out of work and on workers' compensation? Is it ethical to terminate an employee based on the two exceptions mentioned above? Should the employer be able to make the best business decision and replace the worker? Why, or why not?

Reference no: EM133904684

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