Q: Can I get unemployment if I was fired after a workplace accident?
I got hurt at work when a forklift ran over my feet and fractured them. I passed the post-accident drug tests, but 2 months later my boss fired me. My boss said the accident was my fault. Can I get unemployment?
A: Maybe.
Ouch! I hope you’ve recovered from that injury.
But just because you were involved in an on the job accident does not automatically mean that your claim will be denied.
OESC will likely ask more questions. Had you been warned about anything at all during your employment? Did you have any prior safety violations? Had you been previously warned about a same or similar situation to this accident?
The definition of misconduct does include a discharge for violating a safety rule. So, if your employer can prove that you caused (or contributed to) the accident by violating a safety rule that you knew (or should have reasonably known) about, then yes, your claim can be denied.
If you want to discuss your particular situation, let’s talk about it!
