When a person is injured at work, they are entitled to file a workers’ compensation claim. Workers’ comp provides benefits, including medical care and cash payments, that help an injured person retain their quality of life. Unfortunately, many people forgo making a claim out of fear that it could cause them to be fired. Now, this does happen on occasion. However, the real question isn’t whether or not this happens, but if it is legal. Let’s take a look at the facts and find out.
Your Right to File a Workers’ Compensation Claim
Workers’ compensation is more than just a helpful program. In fact, it is a protected right for all workers in the United States of America. Exactly how it is protected varies from state to state. For example, in Massachusetts, General Laws Chapter 152, Section 75B specifically prohibits employers from discharging or discriminating against an employee for exercising their rights under the workers’ compensation statute.
In layman’s terms, an employer is legally prohibited from retaliating against an employee for making a workers’ compensation claim. It should be noted that retaliation does not only refer to firing. It also includes demotion, lowering hours, bad performance reviews, intimidation, or negative reassignments designed to punish the worker.
Signs That Termination May Be Illegal
It is important to know in which situations a termination may be illegal. The most obvious is if the termination happens immediately after making a claim. When this happens, the termination is almost always done as a form of retaliation.
After making a claim, it is important that you pay attention to any statements from your employer regarding your claim, especially those with a negative tone. These statements could later be used as evidence to prove that your termination was linked to your workers’ comp claim.
Another sign that your termination was illegal can be found in the treatment you receive after your claim. In an ideal scenario, your employer should treat you with kindness and compassion after your injury. However, this doesn’t always happen. In fact, you may find that they display a pattern of negative treatment instead. This can also serve as evidence that your termination was illegal.
Finally, if there is a lack of documented performance issues before filing your claim, but then you were fired, it is likely that it was done as retaliation. The fact that your employer was perfectly happy with your work prior to the workers’ comp claim can show that the claim was the reason for termination.
When Termination Isn’t Illegal
It should be noted that sometimes being fired after making a workers’ comp claim is not retaliation. Instead, it is just bad timing. For example, if the company has layoffs after your claim, and you just happen to be included in them, it is not illegal retaliation.
Likewise, if you have a documented history of misconduct prior to the injury, it likely will not be seen as retaliation. Your employer will be able to show that you were an unsatisfactory employee. They will say that your termination was already going to happen, regardless of any injury or workers’ comp claim.
Finally, it is not retaliation if your employment was always planned to be temporary or if your contract ends. Your right to not be fired due to a workers’ comp claim does not mean that your employer is required to ignore a prearranged end date of your employment or renew your contract.
What to Do If You’re Fired After Filing Workers’ Comp
lawyer for workers comp
Immediately after your firing, you should request a written reason for the termination. You should also preserve all emails, texts, and other communication related to your termination. All of this can serve as valuable evidence.
To make use of this evidence, you should hire a lawyer for workers’ comp immediately. They will help you to build a case against your employer. Additionally, they will be able to ensure that you receive all of the workers’ compensation benefits you are entitled to. Not having legal representation in anything related to a workers’ comp case is the biggest mistake you can make.
