Oftentimes when it comes to workers’ compensation, many individuals are concerned about the possibility of being fired for filing a workers’ compensation claim. It is a question that we are often asked here at Erwin, McCane & Daly! Let’s dive into the answer below.
Simply put, it is generally illegal for your employer to fire you for simply filing a workers’ compensation claim for work-related injuries or illnesses. This is considered retaliation and would constitute wrongful termination. If you have experienced this, you may have legal grounds to file a lawsuit against your employer. Workers’ compensation was designed to protect employees and their rights to receive compensation for missed wages and medical expenses incurred.
Of course, there are exceptions to this rule! For instance, if your workers’ compensation claim is proven to be fraudulent, you displayed willful misconduct, or you were under the influence of drugs or alcohol at the time of your injury, your claim would not only be denied, but those would be causes for termination as well. Additionally, if upon your return to work you are unable to perform the duties of your job, with reasonable accommodations for your injury, this could be considered a legitimate reason to be terminated.
After being injured, it’s incredibly important to keep detailed records of your medical reports and communications with your employer and their insurance company, even if your claim is accepted. Keeping an organized record of all items of your injury and your claim can help in the event that your claim is denied, or if you need to escalate the issue should you be fired in retaliation for filing. You should also detail and keep all information regarding your termination, and be as specific as possible.
Understanding your rights surrounding workers’ compensation is incredibly important! Seeking legal advice to understand the rights and protections you are afforded under law will help to ensure that you receive the benefits you deserve. When you work with our team, you’ll always have direct access to our attorneys. We’ll help guide you through your workers’ compensation journey, and help you attain the compensation and benefits you are entitled to. Visit our website to learn more or request your free initial consultation today!
