Fired After Workers Comp Claim

But you could lose your job for legitimate reasons and you might not get your job back after your return from temporary disability leave.

Fired after workers comp claim.

You may be able to collect workers compensation benefits for a work related injury or illness even if you didn t file your claim until after you were fired laid off or voluntarily quit the job that was responsible for your medical condition. It s illegal for your employer to fire demote or discriminate against you in another way because you filed a workers comp claim. According to the law you still have every right to these benefits. The method used by the employer to deny benefits in this situation is called the post termination defense.

When an injured employee who is currently receiving workers comp benefits is fired or laid off this does not affect their right to continue receiving these benefits. An employee who is laid off or fired may be denied workers compensation benefits by the employer if an injury is not reported before the employee is terminated. This feat is not at all easy to do especially on your own. However your employer can fire you while you have an open workers compensation claim.

The good news is that federal law prevents an employer from firing employees in retaliation for an injury. But it could be difficult to prove that your previous job caused your current medical condition. Your employer fired or laid you off because you filed a workers compensation claim. It is illegal for your employer to fire you after you tell them you intend to file a workers compensation claim.

It is illegal to fire an employee because he or she filed a workers compensation claim or testified before the workers compensation board. Many workers worry that filing a workers compensation claim will make them lose their job. You were fired or laid off after you filed your claim. It does not matter if you are currently employed or not.

One reason many people avoid filing claims for workers compensation is the fear they will lose their jobs. Employers can be quite devious when it comes to finding reasons to terminate employees. California s labor code section 132 a is an anti retaliation provision and any violation of this policy warrants a wrongful termination lawsuit.