Can I Be Fired for Filing a Workers’ Comp Claim?
Could you be fired for filing a workers’ compensation claim? The National Law Review recently published an article tackling this subject, including whether firing an employee who has filed a workers’ comp claim is illegal.
Is It Possible to Lose My Job for Filing a Workers’ Compensation Claim?
Per the National Law Review, the way workers’ compensation laws are set up in most states, if an employer wrongfully terminates an injured employee who has filed a workers’ comp claim, the employer will face penalties, such as jail time or fines.
Even in states that impose such penalties, there are exceptions that allow an employer to fire an employee who has filed a workers’ compensation claim. In many instances, workers’ compensation laws do not allow employers to fire employees because they filed a workers’ comp claim. However, workers’ compensation laws do not protect workers from losing their jobs for other reasons not related to their workers’ comp claim.
What Should I Do If I’m Fired for Filing a Workers’ Comp Claim?
If you were fired after filing a workers’ compensation claim, you should speak to a workers’ comp attorney as soon as possible. An experienced workers’ compensation lawyer can analyze your situation, tell you whether you have a viable case, explain your legal rights, answer your questions and discuss the best options available to you moving forward.