If you were injured at work, you might hesitate to file a claim out of fear of losing your job. Can your employer legally fire you? Let’s break it down.
1. Workers’ Comp Protects You
Most states have laws that prohibit employer retaliation against employees who file workers’ compensation claims.
- Firing you because you filed a claim is illegal.
- You may be entitled to additional compensation if retaliation occurs.
2. Legitimate Reasons for Termination
While you’re protected, your employer can still fire you for valid, unrelated reasons such as:
- Poor performance or misconduct
- Layoffs or company downsizing
The key question is “Was the firing retaliatory?”
3. What to Do If You’re Threatened or Fired
- Document any threats, emails, or comments
- Keep records of your injury report and claim filing
- Contact a workplace injury lawyer immediately
4. Can You Sue for Retaliation?
Yes. If your firing was directly linked to your claim, you can file a retaliation lawsuit for:
- Lost wages
- Emotional distress
- Punitive damages
5. Why Legal Help Matters
Employers often deny retaliation. A lawyer can gather evidence, subpoena company records, and fight for your rights.