If you are terminated for filing a workers’ compensation claim, you have the right to file a wrongful termination lawsuit. This protection applies even if you are an “at-will” employee, as retaliating against employees for exercising their workers’ compensation rights is a clear violation of public policy.
Successful Lawsuits Can Result in:
- Recovery of back wages
- Possible reinstatement to your former position
In addition, some states impose further penalties on employers for such retaliatory actions.
Is There Recourse for Being Fired for Filing a Workers’ Compensation Claim?
Yes. If you are fired because you filed a workers’ compensation claim, this constitutes retaliation, which is illegal under both state and federal law. You have the right to file a lawsuit against your employer for this unlawful act.
How the Workers’ Compensation System Works:
- State-Specific Systems: Each state has its own workers’ compensation system.
- Employer Responsibilities: Employers pay insurance companies for coverage.
- Filing a Claim: If you get injured at work, you file a workers’ compensation claim.
- Compensation Payout: If your claim is successful, the insurance company pays out the compensation.
Why Retaliation Is Prohibited:
The integrity of the workers’ compensation system would be compromised if employers could fire employees for filing claims. Such retaliation would deter employees from pursuing legitimate claims, thereby reducing the cost of workers’ compensation insurance for employers unfairly.
Legal Protections:
To safeguard employees, every state prohibits employers from terminating workers in retaliation for filing a workers’ compensation claim. If you are fired for making such a claim, you can pursue a wrongful termination lawsuit.
Steps to Take:
- Consult a Lawyer: Seeking legal advice from a reputable workers’ compensation lawyer is crucial.
- File a Lawsuit: With legal guidance, you can file a lawsuit against your employer for wrongful termination.
By understanding your rights and taking the appropriate legal actions, you can protect yourself against retaliatory practices by your employer.
What if I am an At-Will Employee?
Typically, at-will employees can be terminated at any time for any reason. However, there are exceptions. While your employer can legally fire you for being incapable of performing your job due to a work injury, they cannot terminate you for requesting workers’ compensation for that same injury.
Terminations Contrary to Public Policy:
Terminations that undermine significant social interests or the enforcement of the law are generally considered contrary to public policy. The specifics can vary by state, but common examples include firing an employee for:
- Refusing to Break a Law: Refusal to engage in illegal activities.
- Performing a Legal Obligation: Such as attending jury duty.
- Reporting Violations: Informing authorities about illegal activities, like fraud.
- Exercising Legal Rights: Such as taking medical leave under the Family and Medical Leave Act (FMLA) or requesting accommodations under the Americans with Disabilities Act (ADA).
Workers’ Compensation Claims:
You have a legal right to file a workers’ compensation claim. Terminating you for exercising this right is a violation of public policy.
What Damages are Recoverable?
If you have been unlawfully discharged for filing a workers’ compensation claim, the specific compensation available to you can vary by state. However, in general, you may be entitled to recover:
- Back Pay: Compensation for lost wages from the time of termination until the resolution of your case.
- Job Reinstatement: The opportunity to return to your previous position.
- Attorneys’ Fees: Coverage for the legal costs incurred in pursuing your claim.
- Workers’ Compensation Benefits: If your discharge impacted your ability to receive these benefits.
Additional Compensation:
Some states offer additional remedies under their workers’ compensation laws. For instance, California imposes penalties on employers, adding to the workers’ compensation benefits you receive.
Summary of Recoverable Damages:
- Back Pay: Recover lost wages.
- Job Reinstatement: Return to your job.
- Attorneys’ Fees: Legal costs covered.
- Workers’ Compensation: Ensure benefits are received.
- Additional Penalties: In certain states, like California.
Understanding the specific laws and remedies available in your state is crucial. Consulting with a workers’ compensation lawyer can provide clarity and help you navigate the legal process to secure the compensation you deserve.
Will I Be on Workers’ Comp While the Lawsuit is Pending?
Yes, you can typically collect workers’ compensation benefits even after being fired. This holds true regardless of whether your termination was lawful or unlawful.
Employer Responsibility:
Discharging you does not absolve your employer of their responsibility to pay workers’ compensation benefits. However, there are key exceptions that could lead to a denial of disability benefits and wage loss:
- Post-Termination Claims: If you filed a workers’ compensation claim after being terminated, you might face challenges. Overcoming this defense is crucial to avoid being denied coverage.
- Violation of Employment Contract: If your workplace injury occurred while you were violating your employment contract, your claim could be denied.
Without coverage, you may struggle to afford medical treatment for your work-related injury.
Legal Support:
A workers’ compensation attorney can help you secure coverage and combat any retaliatory actions from your employer. They can assist you in:
- Overcoming defenses against post-termination claims.
- Ensuring you receive the benefits you are entitled to.
- Fighting back against unjust denial of coverage.
What is the Law in California?
In California, state law offers robust protections for employees filing a workers’ compensation claim. Under the California Constitution, you have the right to:
- File a Claim: For a work-related injury.
- Receive Benefits: Workers’ compensation benefits.
California Labor Code Section 132a:
California Labor Code section 132a explicitly prohibits employers from terminating or discriminating against employees who file a workers’ compensation claim. If your employer violates this rule, you can file a wrongful termination claim and seek the following remedies:
- Increased Benefits: A 50 percent increase in workers’ compensation benefits, up to $10,000.
- Reinstatement: Return to your previous position.
- Back Wages: Compensation for lost wages from the time of termination.
Legal Consequences for Employers:
- Employers violating Section 132a are guilty of a misdemeanor.
Filing a 132a Claim:
- Time Frame: You have one year from the date of your termination to file a 132a claim.
- Against the Employer: Unlike the workers’ compensation claim handled by the employer’s insurer, 132a claims are filed directly against the employer.
