Filing a workers’ compensation claim after a workplace injury can be stressful enough – let alone worrying whether your boss can fire you for doing it. The short answer is: it’s complicated. The law offers several protections, but they’re not absolute. At golden state workers compensation, experienced attorneys understand the nuances of these laws and how they apply in real-life scenarios. Let’s break down what you need to know, how workers’ compensation lawyers can help, and why knowing your rights can make all the difference.
What Happens to Your Job After a Work Injury
The moment you report an injury and file a workers’ compensation claim, you enter a legal process that’s designed to protect you. Workers’ compensation exists to ensure injured employees receive proper medical care and wage replacement without having to sue their employer.
But that doesn’t automatically mean your job is safe indefinitely.
1. No, Your Boss Can’t Fire You Because You Filed a Claim
Retaliation for filing a workers’ comp claim is illegal. That means your employer can’t legally fire you just because you exercised your right to seek benefits. It’s known as “retaliatory discharge,” and it’s prohibited in nearly every state.
If you suspect you were fired as payback for filing a claim, a good workers’ compensation attorney can help you build a case to prove it. These types of claims often involve reviewing emails, statements, and timing – because employers rarely say outright, “You’re being let go for filing a claim.” It’s more subtle, and that’s where legal expertise matters.
2. But They Can Fire You for Other Reasons
Here’s where things get tricky. Just because you’re receiving workers’ comp doesn’t mean your job is untouchable. You can still be fired for:
- Company layoffs or restructuring
- Performance issues unrelated to your injury
- Refusal to cooperate with return-to-work programs or medical evaluations
For example, if your company shuts down your entire department, they’re within their rights to include you in the layoffs, even if you’re out on workers’ comp.
3. What If I Can’t Return to My Job
If your doctor says you’re permanently unable to perform your old job, your employer isn’t required to keep your position open forever. However, many states do require companies to offer “light duty” or modified tasks if you can handle them.
Some employers are more accommodating than others, and that’s where legal guidance comes in. A workers’ compensation lawyer can advocate for fair accommodations or additional benefits if you’re permanently impaired.
Legal Protections You Should Know About
Before you panic, know that employment laws in most states offer you more protection than you might think.
The ADA and FMLA May Help
If your injury qualifies as a disability under the Americans with Disabilities Act (ADA), your employer may have to provide reasonable accommodations rather than fire you outright. Likewise, if your company has more than 50 employees, you may be eligible for up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
These protections can overlap with your workers’ comp rights and further protect your job while you recover.
Fun Fact: The concept of workers’ compensation actually dates back to ancient Sumeria, around 2050 B.C. Injured workers were compensated based on a standardized schedule of body parts. While today’s laws are far more nuanced, the idea of compensating injured workers has been around for millennia!
Why Hiring a Workers’ Comp Lawyer Is a Smart Move
Workers’ compensation lawyers don’t just file paperwork, they’re your frontline defense against unfair treatment. They know the ins and outs of state law, can spot retaliation patterns, and ensure you receive the full benefits you deserve.
Many people make the mistake of thinking they can handle it alone, but this often leads to delays, denials, or underpayment. A good lawyer also knows how to protect your job as much as possible, or secure a fair settlement if returning isn’t an option. You can easily find an experienced attorney using this location map to get started:
What to Do If You Think You’re Being Pushed Out
Not every termination during workers’ comp is illegal, but if your termination feels suspiciously timed, or your employer starts piling on write-ups after your injury, those are red flags. Here’s what to do:
- Document every interaction with your employer after your injury
- Keep copies of your medical records, claim forms, and communications
- Contact a workers’ comp lawyer immediately to review your case
They’ll help determine if you’re protected under anti-retaliation laws or if your firing is valid under state guidelines.
Know Your Rights Before You Panic
Yes, you can be fired while on workers’ comp – but not because you’re on workers’ comp. The law draws a clear line, and stepping over it can cost employers big time. If you’re unsure where you stand, or you’re starting to feel like your job might be at risk, a workers’ compensation lawyer can offer peace of mind and a strong legal strategy.
Your health and your livelihood matter. Don’t let fear stop you from getting the help you need.