When employees get injured on the job, they have the option of filing a workers compensation claim. However, many choose not to do so out of fear they will be fired. Though this is an option most employees have a legal right to pursue, employers often use a variety of scare tactics and intimidation to coerce employees into thinking they will lose their job if they pursue a claim. If you find yourself facing this situation and are wondering what your rights are in these situations, here are some details to keep in mind.
Suing for Retaliation
If you choose to file a workers compensation claim and are fired from your job, always make sure you contact an experienced and knowledgeable workers compensation attorney as soon as possible. In many cases, you may be able to sue for undue retaliation, especially if you are able to prove your firing was due solely to your filing a claim. If this happens, your lawsuit could compensate your for lost wages, punitive damages, and may also require the employer to give you back your job, if you so desire.
Fired for Other Reasons
When employees file a claim for workers compensation benefits and are later fired, employers may give a variety of other reasons for the termination. Since they cannot legally fire employees simply for seeking workers compensation benefits, they may give several other reasons to justify the firing, including:
–Employee violated safety rule
–Employee violated company policy
–No work is currently available for employee
If any of these reasons are given for your firing, hire a workers compensation attorney to ensure your legal rights are protected. By doing so, your attorney will be able to force the employer to provide documented proof that a rule or policy was violated, or that there is currently no work available for you due to your limited physical abilities after the injury.
Don’t Give Up
Even though workers compensation cases can be very complex and time-consuming, don’t give up and let an unscrupulous employer keep you from the benefits to which you are entitled. Instead, hire an experienced and knowledgeable workers compensation attorney to handle your workers compensation claim. When you do, you will not only gain the peace of mind needed to pursue these matters, but also have a skilled legal professional by your side to protect your legal rights each step of the way.