Fear of retaliation is one of the most common reasons our workers’ comp lawyers see people hesitate to file claims for workers’ comp after a job-related injury. As awful as the physical pain of the injury or the financial burden of medical bills can be, many feel that the looming fear of losing their job is too stressful to risk.
But can you be terminated? The short answer: yes. You can be fired while on workers’ comp. While it is illegal for an employer to fire you because of your workers’ comp claim, it can be difficult to prove that as the reason for your termination. Most business owners are too knowledgeable of the laws and the way that things work to tell you, outright or in your termination letter, that your workers’ comp claim is the reason they’re letting you go. Most often, they’ll find another excuse. Today a workers’ comp lawyer from Tolbert Beadle, LLC explains what to do if this happens to you.
Factors that Affect Your Case
If you’re an “at will” employee— not a contracted one—your employment can legally be terminated as a result of poor work performance in the past, layoffs due to financial strain of the company, restructuring, or any number of reasons.
If you’re a contracted employee, your rights are different. Your employer still cannot fire you because of a worker’s comp claim, but your contract should list the specific reasons that they may terminate your contract. A common clause in contracts is a provision allowing the employer to terminate employment if the employee is unable to work for a length of time, generally around six months.
Hire a Workers’ Comp Lawyer
While it’s illegal to fire you because of your workers’ comp claim, unless your employer slips up, you will most likely have a difficult time proving that as the reason for your termination. That’s why it’s important that you have a worker’s comp lawyer. At Tolbert Beadle, LLC, we have your best interest in mind, and our workers’ comp lawyers have the knowledge and experience that will give you the best chance at fighting for the compensation you deserve.
Choose Tolbert Beadle, LLC Today
If you believe that you were fired because of your claim, you need Tolbert Beadle, LLC. After a thorough review, our workers’ comp lawyers will give you an honest assessment of the strength of your case. If we move forward, you’ll have the knowledge and experience of our workers’ comp lawyers in your corner. Call us today to schedule your free consultation.
