Can I Be Fired For Filing A Workers Compensation Claim?
Updated: Oct 13, 2019
Employers are prohibited from taking negative employment actions against an injured worker for filing a workers’ compensation claim. If the employer acts in such fashion this is called retaliation, and is not allowed. However, just because it is prohibited does not mean that you have job security either. In many instances, an employer will still elect to terminate an injured employee after a workers compensation claim has been filed. If this occurs, you may be able to pursue a wrongful termination claim against your employer for retaliation.
The law provides protection to injured workers who file workers compensation claims, so do not be afraid to file your workers compensation claim and look for the assistance of an attorney. Many times an employer will find ways to retaliate against you that you need to look out for. These include: Job Demotions, Lowered Pay, Changes in Job Duties, Disciplinary Actions That Have No Merit.
Although you are protected by federal and state laws, your employer can still fire you for legitimate reasons such as unexcused absences, tardiness, altercations with co-workers, or positive drug screens. Furthermore, employers may elect to put an injured worker on FMLA and when that period lapses, the employer may begin looking for another employee to fill that position. In this scenario it may be difficult to pursue a workers compensation retaliation claim against your employer. If you feel you’ve been wrongfully terminated or adverse actions have been taken against you, it’s best you consult with an attorney to discuss your options.