A workplace injury can be stressful. Not only do you have to worry about recovering from your injuries, but you also must consider what happens with your job. In most instances, the employer works makes sure you still have a position once you return. For some people though, there is a real danger of losing their jobs after filing for workers' compensation benefits. If you believe you were terminated because you filed for benefits, here is what you need to know:
Can Your Employer Fire You for Filing for Workers' Compensation?
Legally, your employer does not have the right to terminate your employment because you filed for workers' compensation benefits. The action is retaliation and there are state and federal laws that protect workers from it.
However, if your employer had another reason for terminating you, the firing could be viewed as lawful. For instance, if your employer had planned to fire you based on your performance and you coincidentally were injured in the same period, the termination could be considered justified. The employer would only need to show that the termination was in the works at the time of the injury.
What If You Believe It Was Retaliation?
If your employer's termination seems more like retaliation than justified, you do have legal options available to you. Before making any moves though, talk to the attorney who is handling your workers' compensation claim. He or she can review the facts of the case with you to determine if there is reason to believe that the employer's actions were retaliatory.
Ideally, your employer should have provided you with documentation stating exactly why you were fired. If not, contact the human resources department and request a written statement. Once you have it, you need to find evidence that proves your former employer's actions were not justified.
For instance, if your employer is terminating you based on performance, if you have copies of evaluations that you received from a manager or supervisor that clearly states you were a good employee, you can use those as evidence.
After you have evidence, your attorney can file a complaint with the state's employment commission and even take it to the federal level. You can also continue to pursue your worker's compensation benefits. Termination does not mean an end to your claim.
It is important to act fast against negative actions from your employer. With quick action, your attorney can work to protect your rights. Contact a law office like Bishop Dorfman Kroupa & Bishop PC for more information.Share