The Fear Of Getting Fired For Filing A Workers’ Comp Claim
Getting hurt on the job can turn your life upside down, not just physically and financially, but emotionally too. Many workers worry about what might happen if they file for workers’ compensation. One of the biggest fears people have is, “Will I lose my job if I file a workers’ comp claim?”
It is an understandable concern, but it is important to know that the law is on your side. Understanding your rights and how anti-retaliation laws work can help you protect yourself if you are fired for filing a claim.
You Have The Right To File For Workers’ Compensation
Attorneys such as our friends at Johnson & Alday, LLC know that if you are injured on the job or develop a work-related illness, you have the legal right to file a workers’ compensation claim. Workers’ comp is a no-fault system: it is designed to protect you by covering your medical treatment and part of your lost wages.
If Your Employer Tries To Fire You For Filing A Claim
Under workers’ compensation law in every state, it is illegal for an employer to fire, demote, harass, or otherwise retaliate against an employee for filling a valid workers’ comp claim. This protection is often called anti-retaliation or retaliatory discharge protection. You have the right to file a claim and not have to worry about your employment status as a result.
If your employer does fire you just because you filed a claim, you may have the right to file a separate retaliation lawsuit, in addition to your workers’ comp claim. Courts can order your employer to pay lost wages, reinstate your job, and even cover your legal fees.
Getting Fired While On Workers’ Comp
It is important to know, however, that your employer can still fire you for legitimate reasons while you are on workers’ comp, but not because you filed a claim. For example, you could still lose your job for poor performance, violating company policies, or if your company has layoffs unrelated to your claim.
Sometimes, employers claim they fired someone for another reason when the real reason was retaliation. If that happens, you will need to show evidence that your claim was the true cause of the termination. A workers’ compensation lawyer can help you gather the necessary evidence to support your claim.
What To Do If You Suspect Retaliation
If you believe you have been fired, demoted, or treated unfairly because you filed a workers’ compensation claim, it is important to take the right steps to protect your rights.
- Document everything, save emails, write down conversations, and keep copies of any performance reviews or warnings.
- Talk to an attorney to help you understand your rights and gather evidence
- File a complaint quickly, there are strict deadlines for filing
Protect Yourself And File Your Claim
The bottom line is that you should not be afraid to get the benefits you deserve. If you have been injured at work, file your claim promptly, get medical treatment, and follow your doctor’s advice.