Can I be Fired After I Have Been Injured in the Workplace?

If you have been injured in the workplace, one of your first thoughts may be to file a workers’ compensation claim. However, in doing so, many employees believe that they will lose out on their job and be fired. There are some laws that state that an employer can fire you for any reason that is not prevented by state laws. However, the good news is that federal law prevents them from firing you in retaliation to receiving an injury. It is important to discover whether or not you are an at-will employee, which means that your employer can fire you for any reason at any time. However, he is still not permitted to fire you for filing a workers’ comp claim. 

If you have been injured in the workplace, there are accommodations that your employer can make for you to help you make the transition back into work life. The Americans with Disabilities Act (ADA) actually requires that an employer make reasonable accommodations before they move forward with firing an employee. If this means that they have to create a modified work schedule or provide special equipment, they must sometimes find a way. However, this is only the case if it comes at a reasonable cost to the employer.

Retaliation Against a Worker 

Because claims against your employer’s workers’ compensation policies can cause premiums to increase, employers sometimes have a mindset that they should keep employees from filing claims. In doing so, they may illegally discriminate against injured workers or terminate them depending on the situation. If you can prove that you were discriminated against and your employer unlawfully fired you, you may have a case. In these cases, you may choose to file a civil lawsuit against your employer. However, you will need an experienced workers’ compensation attorney to move forward with your case. Contact us FREE today at Maggiano, DiGirolamo & Lizzi for more information on how we can help you!