Can I Get Fired for Filing a Workers' Compensation Claim?
I get this question a lot from potential workers’ comp clients. In short, your employer can fire you for almost any reason at anytime. So should you not file a workers’ comp claim for this reason?
Your employer has workers’ comp insurance to cover on the job injuries. It always baffles me that some employers get upset when their employee hires an attorney to help them get benefits. Technically, a claim in a workers’ comp case is just a claim against the insurance, not the employer.
However, there are some protections for employees who get fired after they are hurt at work. Our workers’ comp laws say that if an employer fires an employee because they are hurt at work, a presumption of permanent and total disability is created. If the workers’ comp commission rules in favor of permanent and total disability the injured worker is entitled to max benefits. So most employers will not fire you for simply pursuing your claim.
“Success is not final, failure is not fatal; it is the courage to continue that counts.” -Winston Churchill