It might be stressful to file for workers’ compensation, especially if you worry that your employer will punish you. What might happen if you are fired after workers’ comp claim is a question you might have? Unfortunately, there isn’t a set answer to this problem because it all relies on the specifics of your case. However, it is typically unfavorable to be fired because of your reservations after filing a workers’ comp claim.
Retaliation in Workers’ Compensation Statute
You could be entitled to workers’ compensation benefits if you were hurt while performing your job obligations. These benefits could include medical costs, missed wages, and compensation. However, you might wonder what happens after being fired after workers’ comp claim.
In most cases, you will still be qualified for benefits if you were fired for submitting a workers’ compensation claim. The law protects employees who have been wounded at work and are trying to recover. You won’t receive a payment if you are fired for submitting a false workers’ compensation claim, though, and you could have to worry about a lawsuit.
Legislation about workers’ compensation retaliation is a complex and perhaps baffling area of the law. Employees who file workers’ compensation claims or assist with an investigation are protected from retaliation by law against employers.
Retaliation may take many different forms, including :
- Termination
The act of firing an employee’s employment is called termination. Either the employer or the employee may start it. The former could be due to a valid reason, redundancy, or the latter’s job status being illegal. Employers must follow laws governing severance pay and notice periods. Employees who are hurt on the job and need to file a workers’ compensation claim are also protected under the anti-retaliation statute for workers’ compensation. If you were let go as retribution for filing a workers’ comp claim, you might have grounds to file a lawsuit against your employer. You can strengthen your argument by gathering evidence of the retaliation and talking to your lawyer.
- Demotion
You might be able to sue your company if you are demoted after becoming hurt at work. You must prove that the demotion was improper and that the damage led to the relegation to pursue legal action. Your employer cannot penalize you if you suffer an injury at work. However, they may have violated your rights if they demote you, cut back on your hours, or fired you because of your injury.
- Harassment
Unfortunately, harassment at work affects a lot of people. And the problem might get considerably worse if there is both harassment and an injury that was sustained at work. The American legal system, known as “workers’ compensation,” was created to offer financial support to individuals who become ill or injured while working. Unfortunately, because of widespread abuse of this system, employees who have suffered actual injuries may be subjected to abuse and punishment from their employers.
- Discrimination
Discrimination in the workplace comes in many forms. You might, for instance, receive varied treatment based on your gender, race, age, or disability. If you have taken time off owing to an illness or injury at work, you can also experience discrimination. You may take legal action if you think that because of an accident or illness, you are experiencing discrimination at work. For instance, you could speak with your manager, human resources, or a lawyer. An experienced workers’ compensation attorney should get consulted if you believe that you have been the victim who got fired after workers’ comp claim. At The Law Office Of Hollingsworth and Hollingsworth APC, we can help you understand your rights and provide any information you might need. For more details, kindly visit our website or contact us at 619-374-9320 immediately.
