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Can you be fired for filing a workers’ compensation claim?

| Mar 26, 2021 | Workers' Compensation |

No one plans to get hurt at work. You might have tripped and fallen or been involved in an accident because of another person’s mistakes, but none of that was intentional. As a worker in this kind of environment, you should know that you have a right to pursue a workers’ compensation claim if you’re hurt while on the job. If your employer doesn’t want you to file a claim for fires you for making the attempt, then you may be in a position to seek further compensation and to hold them accountable for wrongfully terminating your role at their company.

Employers are not allowed to fire employees simply for filing a workers’ compensation claim. Doing so is a kind of retaliation, and it is not legal.

What should you do if you’re having trouble making a claim because of your employer?

To start out, if your employer is making it difficult to make a claim, you should ask for their reasoning. When you make a claim, you’re not suing your employer. Instead, you’re simply asking for their insurance carrier to cover your medical costs and other related expenses. You may need compensation for the days when you missed work due to your injuries or for other expenses.

If your employer is upset about the injury or getting caught with a dangerous workplace, that isn’t your problem. They have no right to fire you just for wanting to make a claim. If they say that they will fire you if you make a claim or threaten you with other penalties, it’s worth making a call to your attorney to learn more about your options.

Can you get your job back if you are wrongfully terminated?

Yes, if you are wrongfully terminated, there may be an opportunity for you to return to the workplace. However, many people choose not to return and instead focus on having the employer held responsible for their actions. You can still pursue a claim for workers’ compensation, even if your employer is trying to stand in your way. Your attorney can give you more information on the steps to take next.