[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/fired-while-in-virginia\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/fired-while-in-virginia\/","headline":"Can You Be Fired While on Workers\u2019 Comp in Virginia?","name":"Can You Be Fired While on Workers\u2019 Comp in Virginia?","description":"Yes. Workers\u2019 compensation provides medical and partial wage replacement benefits to people injured on the job. Virginia is an at-will employment state, meaning that employers can generally fire employees for any reason or no reason at all. Receiving workers\u2019 compensation does not change this dynamic. Employers are not required to keep your job open simply […]","datePublished":"2021-04-07","dateModified":"2026-04-03","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/berkley_foltz\/#Person","name":"Berkley Foltz","url":"https:\/\/www.marksandharrison.com\/blog\/author\/berkley_foltz\/","identifier":20,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/c5f8fc79855ae1b10ca9939a5975c6ee068127f7ebdce119546f744b1f5cdd58?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/c5f8fc79855ae1b10ca9939a5975c6ee068127f7ebdce119546f744b1f5cdd58?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2021\/04\/injured-on-the-job.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2021\/04\/injured-on-the-job.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/fired-while-in-virginia\/","about":["Workers' Compensation"],"wordCount":1201,"articleBody":"Yes. Workers\u2019 compensation provides medical and partial wage replacement benefits to people injured on the job. Virginia is an at-will employment state, meaning that employers can generally fire employees for any reason or no reason at all. Receiving workers\u2019 compensation does not change this dynamic. Employers are not required to keep your job open simply because you were injured at work. Furthermore, if the injury prevents you from doing your job, your employer may be able to terminate your employment for this reason.However, your employer cannot fire you because you filed a workers\u2019 compensation claim. This is considered retaliation and is illegal. Employees have the right to file for workers\u2019 compensation benefits after sustaining a work-related injury. Employers cannot terminate workers for exercising their legal rights. If you believe you were fired in retaliation for making a workers\u2019 compensation claim, contact an experienced workers\u2019 compensation lawyer immediately to protect your rights.If you are concerned about losing your job after a work-related injury, the best thing you can do is to stay in touch with your employer. Keep them informed about your progress. Provide documentation from your doctors to show you have a work-related injury and when you\u2019ll be able to return to work.An on-the-job injury can put significant stress and strain on your life, from physical pain to major financial expenses. If you lose your job on top of all that, it can be an extremely frustrating experience. It doesn\u2019t seem fair, right? How is it okay for your employer to let you go when you\u2019re already dealing with a work-related injury?The Richmond workers\u2019 compensation lawyers at Marks & Harrison are here to stand up for your rights and make sure you\u2019re getting the benefits you deserve after a workplace accident. We\u2019ve been helping people with Richmond personal injury claims and Richmond workers\u2019 compensation issues for more than 110 years. Our firm is one of the largest personal injury firms in the state, including 26 attorneys and more than 100 support personnel. Those resources have helped us recover millions in compensation on behalf of our clients.Ready to speak to an experienced workers\u2019 compensation attorney about your case? Get a free initial consultation by calling one of our 11 offices throughout Virginia or visiting our contact page.Can I Be Fired After Being Injured on the Job in VA?Virginia, like most states, is an at-will employment state. That means you can be fired for almost any reason that isn\u2019t solely based on discrimination of some sort. In fact, your employer doesn\u2019t even need a reason to fire you. Unfortunately, this means you can be fired after sustaining an on-the-job injury.That statement comes with an important caveat: Your employer cannot fire you if their sole reason is retaliation for an on-the-job injury or because you filed a workers\u2019 compensation claim. All employees have the right to file for workers\u2019 compensation benefits after a work-related injury, regardless of who was at fault for the injury.If you are fired after being injured at work, your employer will have to show they fired you for some reason other than your injury. While employers do have broad discretion to hire and fire workers at any time, a Virginia workers\u2019 compensation lawyer can help if you feel you were fired because of a work-related injury.Many employers try to pressure workers not to file a claim or suggest workers use their own health insurance to cover their medical treatment for work-related injuries, even though the employer\u2019s workers\u2019 compensation plan may be responsible for those expenses. Don\u2019t let yourself get cheated in that way.Does Workers\u2019 Comp Cover Wrongful Termination in VA?Worker\u2019s compensation benefits are designed to cover your medical costs and a portion of your lost wages due to work-related injuries. That means workers\u2019 compensation generally does not cover wrongful termination.If you believe you were wrongfully fired, you may be able to file a lawsuit against your former employer to recover compensation. An attorney can tell you if you have a wrongful termination case and let you know your options.Does My Employer Have to Hold My Job While I’m on Workers\u2019 Comp in Virginia?Your employer does not have to hold your position while you are receiving workers\u2019 compensation benefits. Your employer can let you go if your injuries prevent you from doing your job in some way, though generally, they have to wait a while before doing so. That is deeply frustrating for injured employees, but it\u2019s an unfortunate reality of the system.If you are injured on the job and are receiving medical benefits through workers\u2019 compensation, those benefits will not end just because you lost your job. Payments will continue until your treating doctor determines that there is no additional treatment that is medically necessary, reasonable, and related to your injury.If you\u2019re worried about losing your job after a work-related injury, your best option is to maintain an open dialogue with your employer. Keeping them informed about your progress and providing documentation from your doctors can help demonstrate that you have a legitimate injury and let them know what accommodations are required. That could give you a greater chance of keeping your job.Not all employers are sympathetic to injured workers. They may try to retaliate against you. If this happens to you, consult with a Virginia workers\u2019 compensation lawyer as soon as possible.What Happens If My Employer Fires Me in Retaliation for Filing a Claim?Firing an employee in retaliation for filing a workers\u2019 compensation claim is illegal under Virginia law. If your employer fires you solely because you make a workers\u2019 comp claim, you can pursue legal action against them.To avoid the appearance of doing anything illegal, employers will sometimes demote an employee instead of firing them outright after the employee makes a workers\u2019 compensation claim. That is also illegal, as state law protects injured workers from being demoted or discriminated against due to making a workers\u2019 compensation claim.If you were fired or demoted after filing a claim for workers\u2019 compensation, you should speak to an attorney as soon as possible. While you may not be able to get your job back, a lawyer can review the facts of your case to determine if you\u2019ve been wrongly terminated. Our workers\u2019 compensation lawyers can also assist in ensuring that you continue to receive any benefits you are eligible for the following termination.Get Help from a Virginia Workers\u2019 Comp AttorneyThe rules on workers\u2019 compensation in Virginia are complicated. Let a skilled attorney protect your best interests. Our Virginia workers\u2019 compensation attorneys at Marks & Harrison are ready to review your case, see if you\u2019re getting the benefits you\u2019re entitled to, and inform you if you may have a lawsuit against your employer. If the evidence shows you were wrongfully terminated, we can help you file a wrongful termination claim against your employer to hold them accountable.Our team is ready to speak with you at your earliest convenience. Get a free case review by calling one of our 11 locations around Virginia or visiting our contact page."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Be Fired While on Workers\u2019 Comp in Virginia?","item":"https:\/\/www.marksandharrison.com\/blog\/fired-while-in-virginia\/#breadcrumbitem"}]}]