Fired After Workers Comp Claim

Employers can be quite devious when it comes to finding reasons to terminate employees.

Fired after workers comp claim.

Often times instead of filing under workers compensation employees will use their health insurance for doctor visits and if they need time off work use any sick days or short term disability time they have. You may be able to collect workers compensation benefits for a work related injury or illness even if you didn t file your claim until after you were fired laid off or voluntarily quit the job that was responsible for your medical condition. However your employer can fire you while you have an open workers compensation claim. Unfortunately some injured workers don t seek the benefits they are entitled to because they are afraid they will get fired if they file a workers compensation claim.

It does not matter if you are currently employed or not. It s illegal for your employer to fire demote or discriminate against you in another way because you filed a workers comp claim. One reason many people avoid filing claims for workers compensation is the fear they will lose their jobs. An employee who is laid off or fired may be denied workers compensation benefits by the employer if an injury is not reported before the employee is terminated.

You were fired or laid off after you filed your claim. When an injured employee who is currently receiving workers comp benefits is fired or laid off this does not affect their right to continue receiving these benefits. California s labor code section 132 a is an anti retaliation provision and any violation of this policy warrants a wrongful termination lawsuit. But it could be difficult to prove that your previous job caused your current medical condition.

Your employer fired or laid you off because you filed a workers compensation claim. According to the law you still have every right to these benefits. The good news is that federal law prevents an employer from firing employees in retaliation for an injury. It is illegal to fire an employee because he or she filed a workers compensation claim or testified before the workers compensation board.

The method used by the employer to deny benefits in this situation is called the post termination defense. You re allowed to file a workers comp claim after you were fired laid off or quit. Many workers worry that filing a workers compensation claim will make them lose their job.