As every construction worker knows, serious injury
not only results in temporary unemployment during medical care and convalescence but can
also result in permanent unemployment as companies frequently fire injured employees.
Workman’s compensation benefits pay for medical bills and a partial reimbursement of
income during convalescent periods but pay nothing toward future lost earnings.
Unemployment compensation benefits are also greatly limited. No one has documented the
extent of this problem until recently. The Texas Research and Oversight Counsel on
Workman’s Compensation has completed a study entitled "An Analysis of Workers
Who Were Fired or Laid Off After a Worked-Related Injury." Although this analysis is
based upon the Texas experience, it is likely that construction workers in all states
suffer similar fates.
The Texas survey found that one in five injured workers was either
fired or laid off after a work-related injury. A total of 21 percent of those responding
to the survey had been fired or laid off and another 7 percent said that their employer
had threatened them with firing after their injury. The workers’ survey came from
large, medium and small employers and had a variety of impairment ratings.
Even though it is unlawful in Texas (Indiana, too) to discharge or
otherwise discriminate against a worker because he has filed a compensation claim, those
that were let go were not necessarily fired or laid off as a result of their injuries. It
means only that they reported that they were fired or laid off at some point after they
were injured. Workers can be let go for a variety of reasons that do not directly stem
from their injuries. Of those workers fired or laid off after injury, 49 percent said they
were currently employed compared with 82 percent of those who said they were not
terminated. In other words, once an injured employee was terminated, less than 50 percent
were able to find other employment.
The most common reasons given by employers for the termination were
the inability of the worker to perform any job duties, the filing of a compensation claim,
slow business, poor performance and other similar reasons. Four percent of the fired
workers were let go the day they reported their injury and 9 percent of the laid off
workers were laid off the day they reported their injury. Half of the fired injured
workers were terminated more than 6 months after they reported their injury. Most of the
laid off workers were terminated within 6 months. Sixty-three percent of the injured
workers who were fired and 74 percent of those laid off said no other workers were fired
or laid off at the same time.
This study identifies the significant economic impact of serious
injury. The Americans With Disabilities Act (ADA), can provide some protection to the
injured employee. However, the greatest protection for future economic loss is the ability
to file a lawsuit against the General Contractor or Subcontractors who may be legally
responsible for the worker’s injuries. It is important in every construction site
case involving serious injury that an attorney be consulted who is knowledgeable in the
field of construction site litigation to determine whether full and complete compensation
can be obtained through a lawsuit.
