Can An Employer Fire You After Filing A Workers' Compensation Claim


After you have become injured while at work, you might find it difficult to perform your work-related duties and you might even be unable to work any job at all. When this occurs, you might wonder how you will be able to pay your bills until you have recovered. However, in addition to paying for medical bills, workers' compensation also pays a portion of your wages. If you are concerned about whether you are going to get fired throughout this process, you'll want to speak with workers' compensation services for help.

Termination After a Workers' Compensation Claim

Your employer is not allowed to fire you for a workers' compensation claim. This is because the purpose of workers' compensation is to protect you from an unsafe environment. After you have recovered from your injuries, you will then need to contact your employer about how you will be able to return to work. In some cases, you'll need to work part-time at first or you'll need to perform light duties until you have fully recovered.

Once you have begun collecting workers' compensation benefits, your employer might be considering terminating your employment. If this is the case, you will need to determine whether this decision is legal or not and whether you should take action against your employer.

At-Will Employment

After you have filed for workers' compensation, your employer has the right to terminate your employment if you reside in a state that has at-will employment. In these states, an employer is allowed to terminate an employee for any reason and does not have to state a reason.

For example, your company might be facing financial problems, might be restructuring, or may have any number of other reasons. There are illegal reasons to terminate employment, such as discrimination, but your employer can choose to terminate you for any other reason.

Defending Your Legal Rights

Even if you have been fired, you will be allowed to continue to collect workers' compensation benefits until you have reached the state of maximum medical improvement. This is the point at which a doctor would not expect you to recover any further from your injuries. 

However, in some cases, an employer might retaliate against you. You will want to work with your workers' compensation lawyer to document the ways in which your employer has retaliated against you so that you can then take the appropriate legal action. 

For more information, about workers' compensation, contact a local lawyer. 


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