Can I Be Fired While on Workers Comp?

If you're recovering from a work injury and worried about your job, you're not alone. One of the most common questions we hear is: “Can my employer fire me while I’m on workers compensation?”

The short answer: Yes, but there are limits.

In NSW, your employer can legally terminate your employment while you're on workers compensation, but not just for being injured. They must follow strict rules, including:

• Waiting at least 6 months from the date you last worked

• Proving that you’re unable to return to your pre-injury duties, even with adjustments.

  
  

If they don’t follow the correct process, it could be unlawful dismissal and you may be entitled to compensation beyond workers comp.

What if I was let go recently?

If you’ve been fired while recovering from a workplace injury, it’s important to act quickly. You may have rights under both workers compensation law and employment law

What should I do?

Navigating a dismissal while recovering from a work injury can feel overwhelming—especially when you’re in pain, unsure of your rights, and facing financial stress. It’s not just about legal paperwork. It’s about your livelihood, your future, and your peace of mind.

That’s why speaking to a compensation lawyer is so important. These situations are complex, and acting without advice can mean missing out on entitlements you're legally owed.

At Lexmens, we understand how personal and stressful this process can be. That’s why we offer:

• No-obligation, free consultations

• Guidance that’s clear, fast, and compassionate

• A team that treats you with the respect and care you deserve

• A proven track record of putting clients on the strongest path to compensation

You don’t have to figure this out alone.

Contact a Lexmens Lawyer