You can file a wrongful termination lawsuit if you were fired for filing a workers’ compensation claim. It makes no difference if you are an “at will” employee because retaliation for asserting your entitlement to workers’ compensation is clearly against the law.
If you win your case, your previous employer could be required to pay back earnings and might result in reinstatement. Contact PLBH at (800) 435-7542 now if you are in this position and require a free legal consultation.
Your options if you are fired for filing a workers’ compensation claim
Retaliation occurs when your employer fires you after learning that you submitted a workers’ compensation claim. Retaliation is prohibited by both state and federal law. You can sue your employer if you believe they fired you in violation of the law.
Each state has its own mechanism for compensating injured workers. Insurance premiums are paid by employers. You submit a workers’ compensation claim if you are wounded at work. The insurance provider will distribute any compensation that you are granted.
Every state prohibits companies from firing employees in retribution for making a claim in order to avoid this from happening. You may sue for wrongful termination if your employer does terminate you as a result of filing a workers’ compensation claim.
The best strategy to pursue a workers’ compensation case is to obtain legal counsel from a workers’ compensation attorney at a reputed law firm.
Is this true even if I am an at-will worker?
If you were fired after obtaining workers’ compensation for a workplace injury, you may still be able to pursue a wrongful termination claim even if you are an at-will employee. At-will employment is not universally applicable. Wrongful terminations that go against public policy are one of those exceptions.
If you work for a company at will, you are free to leave or be fired at any time. Unless the parties have agreed otherwise, employment is typically assumed to be at-will in most states.
However, there is a very significant exception to the employer’s right to immediately fire a worker. The dismissal must be legal. In the majority of states, it’s illegal to fire an employee who is employed at will if it violates an implied duty of good faith and fair dealing, is against the law, was brought about by the employer’s deception or misrepresentation, or was contrary to public policy.
Terminations are typically against public policy if they would jeopardize a significant social interest or the administration of justice. Depending on the state, the specifics may vary, but frequent instances include terminating you for refusing to break the law, carrying out a legal duty like jury duty, reporting a legal infraction like reporting fraud to law enforcement, or using a legal privilege or right like the right to request a reasonable accommodation under the Americans with Disabilities Act or take medical leave under the Family Medical Leave Act.
Generally speaking, you are entitled to submit a workers’ compensation claim. It would be against public policy to be dismissed for doing so.
If you been injured at work, filed a workers’ compensation claim, and then been fired as a result, you should contact PLBH at (800) 435-7542 for a free legal consultation.