Fired For Filing A Workers’ Comp Claim?
Getting fired for filing a workers’ compensation claim should not happen, but it does. Fortunately for workers in this situation, employer retaliation is against the law. If you have been fired after filing a workers’ comp claim, you have rights. You may be entitled to compensation from your employer, as well as reinstatement.
At Law Offices of Gary R. Carlin, APC, we are strong advocates for injured workers. We take action on behalf of employees whose rights have been violated, seeking maximum compensation for their financial losses.
Call us today at 562-606-0382 to schedule a free consultation.
Your Rights As An Injured Worker
California requires most employers to provide workers’ compensation insurance to their employees. This is a blessing for workers who have been injured on the job. But many injured workers start to worry after their accidents. They face two potential problems: getting the benefits they need to recover – and keeping their jobs. The threat is all too real: Employers can and do fire employees who have open workers’ compensation claims. If the termination can be shown to be retaliatory, the injured worker may obtain compensation through a lawsuit.
However, employers will probably not tell you directly that you are being fired for filing a workers’ compensation claim. You should speak with a lawyer if you suspect that this is the case.
The Reasonable Accommodation Requirement
What about a worker who has suffered an impairment that limits his or her ability to do the job? An employer may use this as an excuse to terminate the employee. But employers have a legal duty to provide “reasonable accommodations” to disabled workers. This could be something as simple as providing an adjustable height worktable or additional rest breaks during the workday. If the employer fails to do so, the employee may be able to recover compensation through a disability discrimination lawsuit.
Employment Law And Workers’ Compensation Attorneys
Law Offices of Gary R. Carlin, APC is a team of highly experienced attorneys who practice in both employment law and workers’ compensation. This provides our clients with a decisive advantage in cases involving termination for filing a workers’ comp claim.
When you hire Law Offices of Gary R. Carlin, APC, we will fight for you.
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