Fired for Filing for Workers Compensation?
If you’ve been injured while on the job, it is your right to file for workers’ compensation benefits. This will help you recover compensation for your injuries as well as your lost wages. It will ease the financial burden of dealing with an injury.
However, filing for workers’ compensation may not go down well with your employer. In some cases, employers have been known to fire employees for filing workers’ compensation claims.
If you have been fired for filing for workers’ compensation, you should know that most states have laws that make it illegal for employers to retaliate against employees who have filed for worker’s compensation. Even if your employer found another reason to fire you, you may be able to prove that the real motivation was to retaliate against you for filing for your workers’ compensation benefits.
Things to be aware of
If you have been injured while on the job, it is well within your rights to file a worker’s compensation claim. However, it is important to be aware of several things while doing so. These include the following:
- Reporting protocols
Reporting the injury should be your first priority. Many workplaces have protocols on how injuries should be reported and how claims should be handled. Failing to report the injury on time may jeopardize your chances of getting compensation. It is therefore important to familiarize yourself with the protocols at your workplace and ensure that you follow them.
- Chances of retaliation
While most employers have protocols for reporting and compensating injured employees, there is a chance that your employer may retaliate. Retaliation may include anything from reassignment to termination.
In many states, it is illegal for an employer to retaliate against an employee who filed for compensation especially if the workplace injury was a result of unsafe working conditions. If you were injured as a result of a safety hazard in your workplace, you may have even more protections under the Occupational Safety and Health Administration (OSHA).
- You can protect yourself
If you believe that you have been fired because of filing for workers’ compensation, you may be able to take action against your employer by filing a wrongful termination lawsuit.
Filing a wrongful termination lawsuit is extremely complicated. It can be difficult to prove that your employer’s reason for terminating your employment was your workers’ compensation claim. You will need to hire an experienced employment law attorney to help you build you case.
An experienced attorney will examine your case and investigate your claim. He or she will help you gather evidence to prove your employer’s motives in terminating your employment.