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Were You Fired After Workers’ Compensation?

After sustaining an injury at work, you probably think that while the situation is frustrating, at least you have workers’ compensation benefits to get you through until you return to work. However, things may turn upside down even more if your employer fires you after you have filed a workers’ compensation claim. Whether you are still out of work and recovering from your injury or whether you have returned to work, an employer may fire you and give some other crafty excuse for terminating your employment. What can you do when you know the real reason they fired you? 

Steps to Take After Wrongful Termination

One of the first things you probably want to know is this: can you legally get fired for filing a workers’ compensation claim? The answer to this is no. If an employer fires you because of this, it is considered wrongful termination or retaliation and it is illegal, even if you are an at-will employee. When it comes to firing you after you file for workers’ compensation benefits, your employer cannot state that is the reason they fired you. Instead, they will likely need to come up with an excuse to say you were not performing well at work. When this is the case, it is best to have a lawyer, like a workers’ comp lawyer from a law firm like Hurwitz, Whitcher & Molloy, LLP by your side. 

They can help gather evidence necessary to show that not only was your workers’ compensation claim completely founded and necessary, but that your former employer’s claims are wrong. It will be up to you to prove that your employer’s claims were false. 

What if I was able to return to work but not in the same capacity? 

If your doctor has said that you can return to work but will need accommodations, this is also not a good reason for your employer to fire you. It is reasonable for your employer to make certain accommodations (like offering you additional breaks) while you are still recovering from your injury. 

If you were fired and you believe it is because you were on workers’ compensation or because you filed for workers’ compensation benefits, you should not have to deal with this alone. This kind of action may have been a wrongful termination and you deserve to have your job available to you when you finish your workers’ comp. For more information, reach out to a local law office to help you with your workers’ compensation and wrongful termination claim.  

Royce Injury Attorneys
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