What You Need to Know About Getting Hurt on the Job and Fired by an Employer
A work injury can leave questions, as it may hinder one’s livelihood. Here’s everything you need to know you’re hurt on the job and your employer fired you.
What is Workers’ Compensation?
Through workers’ compensation, the employee receives almost immediate compensation for wage losses, accounting or diminished earning capacity, and medical bills. Additionally, if the injury has permanent consequences, an employee may receive mental or physical impairment benefits, death benefits, or retraining payments.
Workers’ compensation is a no-fault system, so employees do not need to prove to blame the employer.
It is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim.
What happens if I am fired?
Employer’s insurance rates may rise if an employee files a claim or draw attention from safety regulators which is why they may retaliate. This is illegal.
If this happens, an employee may sue. First, the employee must make sure they were acting in good faith, and not injured as a result of gross negligence via drug or alcohol use. Large settlements are common, but an employee may make a case because many injuries hinder a provider’s ability to help their family.
Related: Can I Sue My Employer for Not Promoting Me?
Creating a Case
In a lawsuit, the suing employee should gather all available evidence. Evidence may include medical documents from before the incident, messages from your employer, and pictures or videos of the incident and scene. Testimony from co-workers may also become helpful.
Legal Dismissal
While your employer may not fire or retaliate, legal dismissal may apply:
If the company cannot operate without the employee’s fulfilled role
The employer cannot accommodate an employee’s injury
The employer may fire the employee for poor job performance, regardless of a job injury
Related: Can I Sue My Employer For Lying?
Other Protections Available
While workers’ compensation is available, the Americans with Disabilities Act (ADA) makes accommodations available to the employee upon returning to work. An employer cannot fire you for requesting accommodation and may result in an assignment with a different workload or supplying different equipment.
There is also the Family Medical Leave Act (FMLA) in which employers with more than 50 companies must provide up to 12 weeks of unpaid leave in case of a serious medical condition.
Contact Us
If you or a loved one would like to learn more about you’re hurt on the job and your employer fired you, get your free consultation with one of our Employment Attorneys today!