There is a very short answer to this question, NO. Employers are not allowed to fire an employee for filing a workers’ compensation claim. However, not all employers follow this law and while they may try to get away with it, they are in violation of the law.
That being said, there are some things you should know when you file a workers’ compensation claim and whether or not your job will be retained when you return to work. Employers are not required to hold your job open indefinitely and in fact, the smaller the employer, the less time (generally) that employer will hold your job open for you.
What is your recourse if your employer does not follow the law and does in fact fire you?
It is illegal for an employer to fire you, demote you, harass you or retaliate against you in anyway after you’ve filed a workers’ compensation claim. If this does occur, you will likely need to file a separate action against your employer.
Our team of board certified workers’ compensation attorneys can help you navigate the law and work with you to make sure your rights are protected. Contact our office with questions or to tell us the story of your claim.
