Most employers in California and across the country are required to provide workers’ compensation coverage to their employees. In the event you suffer a work injury, this means you should be able to obtain medical treatment and wage loss benefits. Unfortunately, some people find themselves let go from their places of employment soon after submitting workers’ comp claims. Is this coincidence or retaliation?
If you think that you’re the victim of wrongful termination, you may be able to do something about it. Depending on the circumstances surrounding your firing, the law may be on your side, meaning you may be able to seek compensation if you can successfully prove your claim. When it comes to firing for workers’ compensation filing retaliation, proving it may be somewhat tricky.
Can an employer do this?
No. The U.S. Department of Labor considers filing for workers’ comp a protected activity. This means your employer cannot fire you simply for
What happens to my workers’ comp benefits if I am fired?
Even if you are terminated, you may still be able to collect workers’ compensation benefits.
If fired after filing a claim, here’s what you should do
If you suffered a work-related injury, filed a workers’ comp claim and then your employer fired you, he or she will have to note a reason for your firing. Obviously, an employer is not going to come out and say it’s related to your workers’ compensation claim.
It will be up to you to gather evidence to prove retaliation is behind your firing. You may enlist help from other co-workers who may hear something out it, you will also want to keep medical records, keep copies of any communication you have had with your employer on the issue and gather witness statements. Take all the evidence you have and seek counsel on the matter. Legal counsel will be able to fully investigate the situation and let you know if you have a case.
Getting fired from a job is tough for anyone to swallow. Getting fired after suffering a work injury is even worse. If you believe your firing was an act of retaliation for filing a workers’ comp claim, you may be able to undertake legal action and seek compensation.