Workers’ compensation is a form of insurance that covers workers if injured while on-the-job. Benefits include funds to cover loss of wages and medical expenses. In return for these benefits, the employee agrees not to sue their employer for negligence. Lawmakers designed this system to protect both employees and employers. Although the intent behind the system is a good one, not every employer follows the requirements. This can lead to concerns for injured workers.
One specific concern involves repercussions for filing a workers’ comp claim.
Can my employer retaliate if I file a workers’ comp claim?
The law generally protects employees from retaliation by employers for exercising their rights under workers’ compensation laws. Most states have explicit laws that prohibit employers from terminating or discriminating against employees for filing workers’ compensation claims.
If an employee believes an employer fired them in retaliation for filing a claim, they may file a complaint with the state labor department or pursue legal action through the courts.
Can an employer fire an injured employee?
Despite these protections, there are circumstances under which an employee may still be legally terminated, even after filing a workers’ compensation claim. Examples include:
- Performance issues: If there are documented performance issues or violations of company policy that justify termination, an employer may lawfully terminate an employee.
- Economic reasons: Companies undergoing layoffs due to economic downturns or organizational restructuring may include employees who have filed workers’ compensation claims, provided the layoffs are not discriminatory.
If one of these circumstances is not present and you believe the employer terminated your position in retaliation for filing a workers’ compensation claim, you can likely hold the employer accountable and fight back.
The law protects employees from retaliation for filing such claims, yet lawful terminations can occur for reasons unrelated to the claim. Understanding the legal landscape helps employees to navigate the issue. Remember, legal recourse is available if you find yourself in a situation where you believe your employer has violated your rights.
