If you are injured at work or develop an illness related to your job, you may have the right to file a workman’s compensation claim.
Workman’s (or worker’s) compensation provides no-fault coverage insurance for employees. But some workers may hesitate to file a claim, even though the insurance is there for that very purpose. It is a common fear that your employer may be angry, be hostile, or even fire an employee who files a claim of this type. Do they have the legal right to terminate an employee in this case?
In all 50 states, it is illegal to terminate an employee simply for filing a workman’s compensation claim. If you have been fired for filing such a claim, you can probably sue your employer for wrongful termination. But that process is not as simple as it may seem. This is because nearly every state is also an at-will employment state. This means that your employer has the right to fire you at any time for any legal reason.
Therefore, it can be very difficult to prove that your termination was a result of your claim. Your employer can claim any one of many legal reasons was the reason for your firing – you were late for work, you used too many sick days, or you are not performing your job satisfactorily.
Workman’s Compensation Lawyers
An attorney who has experience in wrongful termination lawsuits can advise you as to the possible merits of your case, as well as to help you to gather evidence that may help you to prove that your termination was the result of your claim. It is important to notate the date you filed the claim, any other “complaints” which arose about your work or performance after the claim was filed, and the date of your termination. Be sure to record all negative comments, threats or adverse reactions from your management. If you never had problems at work before and were fired soon after your claim, you may be able to prove that the termination was in fact illegal and wrongful.
If it can be shown that you were terminated because of your workers’ compensation claim, you may be eligible for additional benefits from the workers compensation system. You may also have the right to sue your employer for wrongful termination. In order to recover damages for your lost wages and other related expenses, your attorney can help you to decide whether to file a lawsuit, or if you should go forward through the system.
Can You Still File if You Were Already Fired?
Typically, you must file a workman’s compensation claim before you are fired or laid off. You also can not usually file if you have voluntarily quit your job. However, you may be eligible for workers’ compensation benefits if you can prove one or more of the following conditions apply:
- Your employer was aware of your injury or illness before they fired you or laid you off.
- Your injury or illness happened between your termination notice and your last day of work.
- You received medical treatment for the Injury before you lost your job, and have records to prove it.
- You became aware of your injury (or greater affects of your injury) after your termination, but the accident or exposure happened before the firing or layoff.The best way to determine if you have been wrongfully terminated due to a workman’s compensation claim is to speak with one of our attorneys. At Probinsky & Cole, we have the experience you need to pursue your rights if you were illegally fired – call us today and let’s discuss your case.
