If a file a workers’ compensation claim or miss days of work because of an injury, can I be fired?
Answer: When it comes to this situation, it all relies on one specific word:
because.” Did your manager fire you because you were on workers’ compensation leave? If so, then it can very well be an act of retaliation. On the other hand, if you are on workers’ comp leave, you are not shielded from any type of reductions in regards to your employment. If this sounds at any way odd to you, please continue reading.
Every state has its own law regarding a restriction on bosses from retaliating. A corporation may not demote, lay off, fire, or discriminate a representative of the workers’ compensation framework, due to the fact that they are practicing their rights. Anyone who has been the victim of these unlawful retaliations, can and should sue their boss and will win.
While this is true, there is no such law that accommodates bosses to give any kind of uncommon treatment to someone who has held a workers’ compensation claim. Additionally, a corporation may use a cutback to the employee, if and only if, the corporation has a thorough explanation behind the reason why the employee has been terminated, as long as it is not connected to the workers’ comp claim.
In the chance of the misfortune that you have had an interruption in your work because of your workers’ comp claim, contact us immediately to help you with your rights.