Should You Be Worried About Getting Fired For Filing A Worker's Compensation Claim?
After getting injured on the job, many employees must take time away from their position to heal. Most people worry about how they are supposed to pay for incoming bills and food while taking time away from work. If you file for worker's compensation to help you through this rough patch, does it mean you are more likely to be fired? What if you have been fired during your recovery time? Is there anything you can do? There are some things you should know about how the law can protect you.
Can You Be Fired for Filing?
Many employees who have been hurt on the job are afraid to file to receive worker's compensation because they think they might be fired if they do. The fact is, you can't be fired for filing to receive worker's compensation. You are eligible to receive compensation if you were injured at work. It is also against the law for an employer to demote you simply because you were injured at work and have filed to receive compensation.
The Timing Counts
In some cases, employees have lost their jobs after filing for worker's compensation, which they believed was a deliberate act because they filed a claim. In order to determine if this is really the case, the timing of the firing comes very much into consideration. You will need to show exactly when you were injured, and when you filed the claim. This will be used in conjunction from when you were fired from your job. This isn't the only factor a court will look at, however. Your employee record and job performance is also looked at to see if that was a factor in your dismissal. If your employee record was good, then you may have a case of wrongful termination.
Will Your Employer Keep Your Job Open?
Your state's laws may vary, but for the most part, your employer is not obligated under the law to keep your job open for you. A lot of companies will hold your job for you until you are ready to return, but it is not required by law for them to do so. In some cases, your injuries may be such that it could take a year or more to recover, and a company may not be able to leave the position open for that length of time. The Federal Family and Medical Leave act in some cases does allow you to take up to 12 weeks off from your job due to illness or injury. This leave is typically unpaid.
For more information on your legal rights, contact a lawyer at a law firm like AMS Law Group.
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