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Fact-Checking: Can You Be Fired for Filing a Workers’ Compensation Claim?

Fact-Checking: Can You Be Fired for Filing a Workers’ Compensation Claim?

Fact-Checking: Can You Be Fired for Filing a Workers’ Compensation Claim? You could be eligible to make a workers’ compensation claim if you become harmed or sick at work. Employees who are hurt or ill at work are covered by workers’ compensation insurance without regard to culpability. However, some employees could be concerned about using their right to workers’ compensation.

What if your employer has shown animosity toward workers’ compensation claimants? If you apply for these benefits, is it going to get you fired? Read on to see if these are valid concerns. Remember to contact PLBSH at (800) 435-7542 if you want an employment lawyer on your side.

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

The quick answer is no. Employers are prohibited from dismissing a worker for submitting a workers’ compensation claim in all 50 states. An employee may have grounds for a wrongful termination lawsuit if they are fired as a result of making a claim. You can consult with a knowledgeable attorney to assess the strength of your claim for wrongful termination.

The difficulty of proving you were fired for filing a workers’ compensation claim

At-will employment is legal in the majority of states, including California and Arizona. Therefore, unless you have an employment contract, your employer has the right to fire you at any time for any cause that is not prohibited by law. If you are an at-will employee, for instance, it would probably be lawful for your employer to terminate you if they do so because you ever arrived at work late.

If you sue your employer, saying that you were terminated because you submitted a workers’ compensation claim, he or she is likely to assert that there was another, lawful reason that you were terminated, as a wrongful termination attorney can explain. They might offer a number of excuses, such delivering subpar work, frequently reporting absenteeism without a valid reason, or taking an excessive number of personal calls throughout the working day.

An attorney might be able to help you

Depending on the specifics of your case, a knowledgeable wrongful termination attorney may be able to demonstrate that these justifications are just pretenses and that the real reason you were dismissed was because you requested workers’ compensation. The likelihood that your termination was motivated by your filing for workers’ compensation increases the closer in time your firing was to the time of your claim submission. Similar to how management’s criticism of your claim may be proof that your termination was motivated by retaliation.

You could get additional workers’ compensation benefits if you are unlawfully fired for filing a claim

You can be qualified for additional benefits under the workers’ compensation system if you lost your job as a result of your workers’ compensation claim. If your employer terminates you or treats you unfairly as a result of your workers’ compensation claim, you may be entitled to up to $10,000 or 50% of your benefits under California law. You might also be able to file a wrongful termination lawsuit, depending on where you live, to obtain compensation for your lost salary and other costs. A knowledgeable wrongful termination attorney can assist you in determining whether you have grounds for a legal claim or whether you need to go through the workers’ compensation process.

Our lawyers at PLBSH have knowledge of both wrongful termination and workers’ compensation legislation. In addition to advising you on the potential for bringing a wrongful termination claim, we will work with you to determine how to effectively proceed with your workers’ compensation claim. Contact us right away to schedule a consultation if you have any questions about workers’ compensation or wrongful termination by calling (800) 435-7542.

AWARDS & AFFILIATIONS
Certified Workers'
Compensation Specialist
Rated by Super Lawyers


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