Missing work due to an injury can place you in a stressful spot. You worry about your health, healing, recovering wages—and, often the biggest fear: losing your job.
In this article you will learn what protections you have when you’re injured, how the laws apply, and the practical steps you should take to protect your employment while you focus on your recovery.
Understanding At-Will Employment
In most U.S. states you are an “at-will” employee. That means your employer can legally terminate your job at any time, for almost any reason—or no reason at all—unless a specific law or contract says otherwise.
Because of this, missing work due to injury can put you at risk: your employer may fire you simply because you’re absent, if no law protects your absence. However, there are important exceptions when your absence is tied to an injury, especially when it qualifies under federal laws or workers’ compensation statutes.
Injury at Work vs. Outside of Work: Why It Matters
When your injury happens on the job, your situation enters a different legal zone: you likely have rights under workers’ compensation laws. Those laws generally prevent your employer from firing you specifically because you filed a workers’ comp claim or because you’re off work due to a job-related injury.
If your injury happens outside of work or unrelated to your job, protections become more limited. You may still have rights under laws such as the Family and Medical Leave Act (FMLA) or under the Americans with Disabilities Act (ADA) if your injury causes a disability. But your employer may have more leeway to terminate your employment.
When Injured at Work: Your Rights and Employer Limits
If you’re injured at work and you file for workers’ compensation, your employer cannot legally fire you solely for exercising that right. In most states this constitutes illegal retaliation. Your employer may still fire you for unrelated reasons—such as poor performance, business restructuring, or misconduct.
But if they fire you because you filed a claim or because you’re out of work due to the injury, you may have a legal claim. For example, the court in Colorado held that firing an employee merely for being injured at work violates public policy.
Keep in mind: even when injured at work, you are not guaranteed that your employer must hold your exact job for you indefinitely. If you cannot perform your essential job functions and no accommodation is possible, your employment may legally end—but not as retaliation for the injury claim.
When Injured Outside Work: Fewer Guarantees
When the injury occurs off duty or outside of your job’s scope, you lose some built-in protections tied to workers’ comp. Your employer may be able to fire you for missing work if the injury prevents you from performing your job and you don’t qualify under disability or other protected categories.
If you qualify for FMLA leave (you’ve worked at least 1,250 hours in the past 12 months and your employer has 50+ employees within 75 miles) then you may take up to 12 weeks of unpaid, job-protected leave for a serious health condition—including an injury that incapacitates you.
If the injury results in a long-term impairment, the ADA may require your employer to provide reasonable accommodation, unless doing so causes undue hardship. If your absence is short or your employer cannot accommodate you, you may not be protected.
How Much Protection Does FMLA Give?
Under FMLA you can take up to 12 workweeks of leave in a 12-month period for your own serious health condition, if you and your employer meet the criteria. Your employer must maintain your group health benefits and must restore you to the same or equivalent job when you return.
If you miss work due to an injury that meets the FMLA definition of serious (such as inpatient care, multiple treatments by a health care provider, or continuing treatment) then you may be protected from termination while on FMLA leave.
Once your leave ends, if you cannot return to work and no accommodation exists, your employer may terminate your employment—but termination solely because you took FMLA leave is prohibited.
What if Your Employer Doesn’t Provide FMLA or Workers’ Comp Protections?
Many private employers are subject to workers’ compensation laws (for job-related injuries) and many private and public employers are subject to FMLA protections (if they meet size criteria). However, if your employer is small or you don’t meet hours or tenure requirements, the legal protections may be limited.
In an at-will context where no protected status applies, your employer may legally fire you even if you missed work for an injury—unless you prove the termination was illegal retaliation or discrimination. Courts will examine whether the termination was because of your injury/claim or for legitimate business reasons.
What Should You Do If You’re Injured and Off Work?
- Report the injury promptly to your employer, especially if it occurs at work or is job-related.
• Get proper medical documentation that shows your injury, your need for time off, and any restrictions on your work ability.
• If your employer has 50+ employees and you meet the requirement, ask whether your injury qualifies for FMLA leave.
• If the injury happened at work, ensure your workers’ compensation claim is filed and preserve all related documentation and communications.
• Keep a written record of your communications with your employer—dates, emails, who you spoke with, what was said—so you can show whether your absence or claim prompted retaliation.
• Seek a reasonable accommodation if you can perform some work with restrictions; inform your employer in writing of your restrictions and preferred accommodation.
• Don’t assume you cannot be fired; instead, understand protections and talk to an employment attorney if you believe you were fired because of the injury.
Situations When You Might Be at Risk of Termination
You could face termination in these scenarios:
• Your job ends because you can no longer perform essential functions and no accommodation exists.
• Your employer legitimately downsizes or eliminates your position—provided this is not a pretext for retaliation.
• You are on leave longer than what laws allow (for example beyond FMLA if you don’t qualify).
• You don’t provide medical documentation or fail to follow employer leave policy.
Signs of Illegal Firing or Retaliation
Look out for these red flags: your employer fires you right after you file a workers’ comp or FMLA claim; an employer asks about your claim and then terminates you; you are replaced immediately by someone with no medical restriction; papers or emails show your absence was the reason.
These may indicate wrongful termination or retaliation and may give you grounds for legal action.
Recent Data & Trends
In the U.S., roughly 40 % of private-sector workers lack paid sick leave, leaving many with limited options when injured. The FMLA covers only employees who meet its service requirements and work for larger employers.
Workers’ compensation laws vary by state, and while no federal statute says you automatically keep your job after a workplace injury, most states ban termination solely for filing a claim.
Bottom Line: Can You Be Fired for Missing Work Due to Injury?
Yes—but it depends on your situation. If your absence is related to a protected injury under workers’ compensation or federal laws like FMLA or ADA, then firing you because of the injury or claim may be illegal.
If you’re simply absent for an injury outside work and your employer is not bound by these laws or you fail to meet the requirements, then termination may be lawful—provided the employer has a legitimate business reason.
Your best move: treat the injury like your priority, document everything, understand what protections apply to you, and act proactively. Losing time from work due to injury is stressful enough—taking smart steps can help you preserve your job while you heal.
