I Got Fired After Filing a Workers Comp Claim – Top Employment Attorneys
Getting injured on the job is very common, and worker’s compensation is incredibly complex. In 2017, more than 2.8 million injuries in the workplace were documented. Injuries on the job can be very complicated. Understanding which party is legally favored in a conflict can be confusing. If you have suffered an injury and were fired after filing a worker’s compensation claim, seeking legal counsel from a well experienced attorney is the right step. Here at Miracle Mile Law Group, we can make sure that your rights are protected, We can help guide the nuances of being fired after filing a worker’s compensation claim. If you are asking yourself why I got fired after filing a workers comp claim, it is time to contact an attorney
Reprisal Termination is Illegal
When you file a claim for worker’s compensation, your employer cannot remove your benefits or fire you because you filed a claim. You will need to gather documentation. Your documentation must show that you went to your appointments, followed the instructions from your physician, and were communicating with your employer.
You must also come to understand whether you were fired directly as a result of your worker’s compensation claim.Doing so is considered discrimination. Employers are prohibited from subjecting employees to adverse employment actions based on protected activities. This includes filing workers compensation claims.
However, being fired for any reason’s NOT related to your injury or worker’s compensation claim is legal. Your employer can still take your work performance into account when you are terminated. Additionally, being terminated for an irreversible workplace injury in a few specific cases could be legal. For example, if you were injured in a manner that would permanently impair you from performing your job in the future, an employer may legally terminate you. This does not, however, alleviate the employer’s responsibility to properly compensate you for losses. Because of the complicated nature of these terminations, it is imperative to find a highly skilled attorney who can help navigate the challenges of these claims.
How Will I Know if I Was Fired Because I Filed a Workers Comp Claim?
It can be challenging to know for certain (and prove) that you were fired directly as a result of filing a worker’s compensation claim. Yet, there are some specific signs you can watch for that might signal you were fired for your worker’s compensation claim:
- Timing: If you were fired within days, or even weeks, of filing your workers compensation claim, it is more likely that you were fired as retaliation for reporting your injury or filing a claim.
- Pressure: If your managers or superiors have made negative comments about your workers compensation claim or have pressured you to forfeit your right to worker’s compensation, it’s possible that your termination was illegal discrimination.
- Reasoning: You should pay close attention to the reasons your employer provided for firing you. If you are consistently a top employee and have no history of disciplinary action, it is possible that you were fired because you filed a worker’s compensation claim.
Contact a Highly Trained Worker’s Compensation Lawyer Today
If you were fired after filing a worker’s compensation claim, you could be eligible for additional compensation. Your compensation could come in the form of lost wages, lost benefits, job reinstatement, or compensation for emotional distress. At Miracle Mile Law Group, we are specially trained in handling worker’s compensation and wrongful termination. Having a skilled attorney by your side when trying to prove that you were fired because you filed a worker’s compensation claim is necessary, and the lawyers here at Miracle Mile Law Group are well trained in handling these complicated cases. These cases are very time sensitive so give us a call at (888) 244-0706 or contact us online for a FREE case evaluation. Remember, we do not take a single dollar unless WE WIN!