It is generally illegal for an employer to fire an employee solely because they have filed a workers’ compensation claim. However, there are some circumstances in which an employee may be terminated after doing so, depending on the specifics of the case.
When an employer can fire you after a workers’ comp claim
In some states, an employer is allowed to terminate an employee if the employee is no longer able to perform the essential duties of their job, even if the inability to work is a result of a work-related injury or illness. In these cases, the termination is not considered to be related to the workers’ compensation claim, but rather to the employee’s inability to do their job.
There are also some circumstances in which an employee may be terminated for reasons unrelated to their workers’ compensation claim, but the timing of the termination may raise suspicion of a connection to the claim. For example, if an employee is fired shortly after filing a workers’ compensation claim, the employee may have grounds to file a discrimination claim against their employer.
What to do after a wrongful termination
If you believe you’ve been terminated in retaliation for filing a workers’ compensation claim, you may be able to file a claim with your state’s labor department or with a federal agency, such as the Equal Employment Opportunity Commission.
Be aware of your rights
While it is generally illegal for an employer to fire an employee solely because they have filed a workers’ compensation claim, there may be certain circumstances in which an employee may be terminated after filing a claim. If you believe you’ve been wrongfully terminated in retaliation for filing a workers’ compensation claim, you may have grounds to file a claim with the appropriate agency.