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Can I Get Fired for Filing A Workers’ Compensation Lawsuit?

Posted on 11/09/20 by admin in Workers' Compensation

The fear of being fired for filing for a workers’ compensation lawsuit is understandable. Being injured at work is hard enough to face alone. Put that on top of fear taking action against your employer. Here’s the real truth, there is good news and bad news when it comes to the topic of job security after filing for workers’ comp.

It all depends on where you live and what type of job you have. None the less, there is always a possibility of being fired during a workers’ compensation lawsuit. We are going to discuss more specifically on the U.S. states Maryland, Virginia, and Washington, D.C. First, good news is that you cannot be fired from your job without a legitimate reason.

Being Fired for Filing A Workers’ Compensation Lawsuit Because of Discrimination

Most workers can file a lawsuit after an injury at work. There are certain jobs which have more security protections under their contracts when it comes to a work injury. However, filing for workers’ compensation through your employer should never be an issue. What most people are afraid of is filing a lawsuit against their employer’s workers’ comp. insurance company. 

Many workers have a fear of getting fired for filing a workers’ compensation lawsuit. There is good news nonetheless. This is because no employer can ever discriminate against employees when filing a workers’ compensation lawsuit. Meaning that an employer cannot fire you from your job without a legitimate reason (which we will cover some of those later in the blog). For them to retaliate is illegal. Specifically, in Maryland, Virginia, and Washington, D.C. your employer cannot fire you just because a claim was opened. This would be an obvious response against protected behavior. Both, your job and health are important, so being unsure about this topic is normal. However, there are some more truths about filing for a lawsuit that can keep your mind at ease. 

Peace of Mind When Filing for Workers’ Compensation

You may think that opening a work injury case means it goes against your boss. Moreover, you might be scared of getting fired for filing a workers’ compensation lawsuit. The truth is that the lawyers will be negotiating with your boss’s insurance company, not them directly. It is impossible to file suit against your employer in a workers’ compensation claim. The case would be against the insurance company and your lawyer would be fighting for more money, so you can be completely compensated.

Still nervous about it? Keep in mind that:

  1. It is illegal to lose your job when starting a claim
  2. You are filing a lawsuit against the worker’s comp. insurance, not your employer
  3. You are protected under law to seek help after a work injury. Don’t feel bad for being injured

No matter who was negligent and caused the injury, the insurance company is who is funding you back. Be mindful, that even though insurance companies will say that they will fund you, it is usually a low amount. This is why workers will open a case with a lawyer. A lawsuit does affect your employer, as the insurance rates for them will be raised. So, it doesn’t directly go against the job but a case will affect them in some way. With that being said, a work injury could affect them in other ways. When an employee is injured, they lose you and your work.

Be Mindful of Legitimate Reasons to be Fired For Filing a Workers’ Compensation Lawsuit

Even though it is unlawful to be fired for discrimination and retaliation, there are legitimate reasons for being let go. During a workers’ comp. claim, it is possible to lose your job for legitimate reasons. Some of these reasons could include loss of “man power”. What this entails is that your employer could let their employee go to fill someone else in their place, so they don’t loose the abilities to keep up with their work. Firing an employee right after a workers’ comp lawsuit is filed is a little suspicious and could be considered illegal. Someone could then start a wrongful termination case.

It is important to get your thoughts together before assuming your being discriminated against. Consider first:

  • Is my employer letting me go right after I filed suit or after some time?
  • Would it be legitimate to say that your job does need an extra person to fill in for you?
  • How was your interaction with your boss when you were about to file for more compensation?

Keep in mind that you could be fired during the time of your workers’ compensation claim and you are not guaranteed your job back. However, you could take legal action if your fired for filing a workers’ compensation lawsuit and being discriminated against.

Whatever you are going through, you are not alone. Everyone has these types of questions. Being unsure is okay but talking to an attorney will guarantee that you have all the answers you need in order to make a decision.

Malloy Law Offices, LLC Workers’ Compensation Lawyers

Asking these questions is good. You are thinking ahead and planning for what’s to come after a work injury. Talking to a workers’ compensation attorney will allow you to understand everything when it comes to work injury claims. Our team wants to help and will honestly answer any questions you may have. We are here to talk with you. The experience we’ve had with many workers’ comp. claims. Our 15+ years of experience has given us the opportunity to work with different employers and negotiate with many insurance companies. Whenever you are ready, call (888) 982-0906. We will focus on recovering for your needs. Stop worrying about getting fired for filing a workers’ compensation lawsuit.