If you lost your job after filing a workers’ compensation claim for an on-the-job injury, you may be justifiably angry. After all, your injury occurred on the job, and isn’t it illegal to fire someone after filing a worker’s compensation claim? Unfortunately, there is no automatic yes-or-no answer to this dilemma, and the circumstances of your injury have a great deal to do with how your employer may respond to your injury and recovery.
First things first — it is illegal to fire an employee in retaliation for filing a workers’ compensation claim. Retaliatory firings are considered discrimination and are forbidden under anti-discrimination laws. if you believe that you were fired because you filed a workers’ compensation claim, then you should not hesitate to consult with an experienced attorney to help protect your rights and pursue a just resolution immediately.
However, in some cases, an employer may terminate an employee who suffered an on-the-job injury. In general, this is only allowed if the employee has suffered an injury that will prevent them from coming back to the job in the foreseeable future, and if there is no other position with the employer that the employee might take up instead of returning to the old position. If the injury disables the employee and they simply cannot return the old job, the employer may reasonably terminate the employee, but not usually without proper compensation.
If you believe that you suffered unfairly after an on-the-job injury, you should absolutely consult with an experienced attorney. With proper guidance, you can explore avenues for pursuing justice while ensuring that your rights remain protected.
Source: findlaw, “Retaliation and Wrongful Termination,” accessed March 24, 2017