Can My Employer Fire Me if I File a Worker’s Compensation Claim?

Sometimes, employers are seen adopting an unlawful or discriminatory course of action against their employees. The law governing workers’ compensation forbids employers from legally firing an employee or taking any action against them because they have filed a workers’ compensation claim. If you have been a victim of this discrimination and have faced salary reduction or demotion, it is recommended to hire a skilled attorney who will inform you about your legal options.

Laws Against Employment Discrimination

The law states that under no circumstances, the employer can retaliate against a worker or discriminate, discharge, initiate an inquiry, demote, reduce wages, or proceed with any other action if the employee has filed for a workers’ compensation claim. The employer cannot conduct any inspections or perform retaliatory relocation on the employee filing for workers’ compensation. If you have reasons to believe that your company is trying to fire you for filing a worker’s compensation claim, you may be eligible to file a lawsuit and claim compensation for such discrimination.

Filing A Lawsuit Against an Employer for Employment Discrimination

If your employer has taken action against you or participated in any unlawful activity after you have filed for workers’ compensation or any other protected action, then it is recommended to follow the steps below:

• Write a formal written complaint describing the incident and include details about the date of the discriminatory act, the nature of the act, and any other information that may help your case. Include any forms of evidence that you prove useful to your case. Submit this information within a reasonable time period to your state’s Department of Labor. 
• The DOL will then review your case and determine if there was any discrimination. If the DOL determines that there has been discrimination, they could apply non-legal means to remedy the violation, or they could take legal action by filing a civil lawsuit in court on your behalf.
• If the DOL determines that your employer’s action was not discriminatory or there is a lack of evidence to prove discrimination, the DOL will inform you about such findings. As a complainant, you still have the right to file a civil lawsuit against your employer within a reasonable time period and fight for your compensation. 

How Can A Good Workers’ Compensation Lawyer Help You?

You do not deserve to experience any form of injustice from your employer on the grounds of a workers’ compensation claim being filed. If you think you are the victim of such misconduct, it is best to hire a workers’ compensation lawyer who will help you fight against your employer’s discriminatory actions. Most employer firms have vast resources and budgets to crush your employment discrimination case easily. This makes it imperative to have a knowledgeable and experienced attorney by your side who will help you file a formal complaint, represent you in your lawsuit, and ensure that your legal rights are protected at all times while helping you win compensation from your employer.