Termination After A Workers’ Compensation Claim


If your employer terminates you following your compensation claim, you should immediately seek help from an experienced attorney in your area. It is against the law to dismiss a worker after he or she has sustained an injury in the workplace and filed a compensation claim thereafter.

That is, an employer cannot terminate an employee on the grounds of their work-related injury or because the employee asked for compensation. While the claim is being resolved or pending, the employee can be terminated or made redundant, but the termination cannot be due to the fact that the worker has sustained an injury and filed a claim or because the injured worker needs to perform a reduced scope of duties.

Being afraid of termination after filing a compensation claim

Many workers who sustain injuries or cumulative trauma in the workplace are afraid they are going to lose their employment if they file a claim or report it to the employer. This makes them apprehensive and anxious. It often happens that the injured worker tolerates the harmful injury and foregoes proper medical treatment, all the while performing their work duties as if nothing has happened.

Unfortunately, when an injury is neglected and when the injured person is deprived of recovery, the detrimental effect of the injury usually worsens until it prevents the worker from doing their job as they should. The paradox is that these circumstances might make losing the job more probable, which is exactly what the worker wanted to avoid by not reporting the injury.

To make things worse, when the injury is not reported in a timely manner, the prospect of filing a claim and getting compensation is significantly diminished. It will be doubtful and difficult to prove whether the injury is related to the performance of work duties at all. It can appear that the employee was injured outside the workplace and is now trying to frame their employer for it.

What can be done after termination following a claim

The most important thing you should do is report your work-related injury to your employer in the shortest period possible, even when you are afraid you might be terminated. It is not at all common that an employee is terminated because of having filed a compensation claim as that can directly lead to a variety of lawsuits.

If the worker reports the injury, files a compensation claim and asks for benefits and then experiences termination or discrimination in the workplace, the employer will face harsh penalties that can be demanded in court. It is also illegal to terminate a worker for having a disability, and remedies for that are provided in the Fair Employment Housing Act.

Have a workman compensation lawyer protect your rights

You shouldn’t be discouraged from claiming a compensation for benefits because you are afraid of termination or discrimination. You have the right to ask for benefits if you incurred an injury while doing your job. It’s extremely rare for employees to get fired because of the compensation claim, because

employers know such a move would entail more lawsuits. The whole idea behind the workers’ compensation system is to benefit both sides – ensure the medical help and benefits for the employee are cost-effective and that the worker returns to the workplace in good health and ready to work.

If you live or work in Orange County and sustain a work-related injury, don’t hesitate to contact Workers’ Compensation Attorney Group in Orange County. Our workman compensation lawyers are experienced, aggressive and ethical and they will only charge you if you recover the compensation. Feel free to call us right away and talk one on one with one of our expert lawyers. Have a free case review with no pressure to hire us. You can only gain if you call us!

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