No, you cannot get fired for filing too many workers’ comp claims. In fact, it is illegal for your employer to terminate you because you filed a claim for workers’ comp benefits. If you were fired and believe it was a retaliatory response to applying for benefits, a workers’ compensation lawyer in your area can help you seek financial compensation.
On your own, it can be difficult to prove the reason for your termination and build a case file that leads to monetary recovery. When a workers’ comp lawyer represents you, they will ensure you understand your rights and your employer’s responsibilities. They will also work to build an effective case file that proves the cause of your termination and your right to financial recovery.
In This Article
What Should I Do if I Was Fired for Filing Repeated Workers’ Comp Claims?
If you believe you were fired because of multiple workers’ comp cases, you can file a complaint and a civil case against your employer. You will have to prove retaliation was the cause of your termination, which can be difficult to do on your own. It can be even more difficult if you are coping with physical recovery while trying to prove your case.
Proving your case will require evidence of your allegations, which may take time to compile and can be a frustrating process. Consider hiring a lawyer to help you build your case and prove why you were fired. A lawyer will explain the laws of your state and how they apply to your case. They will also explain the evidence that will support your case and how to obtain it.
What Kind of Evidence Will Prove My Case?
Your recollections and beliefs about why you were fired are not enough to substantiate your allegations. Your attorney can help you build a strong evidence file that contains witness statements, notes, and documents related to your termination.
Your attorney may also obtain copies of your medical records, employment and performance history, and other evidence that supports your right to recover damages. They may depose lay and expert witnesses and access evidence and employee records and documents through the discovery process that you might find difficult to obtain on your own.
The fear of losing your job should never prevent you from applying for the medical and financial benefits you are entitled to receive. Laws about workers’ compensation issues can vary from state to state. That is why an attorney in your area familiar with state and federal laws and regulations may benefit your case.
For a legal consultation, call 828.286.3866
Your Employer Can Legally Fire You While You Are on Workers’ Comp
While your employer cannot fire you specifically for filing one or multiple claims for workers’ comp, there are certain circumstances under which they can fire you even if you are requesting or receiving benefits, such as:
- You knowingly violated a safety regulation
- Your actions put other workers at risk
- Drugs or alcohol played a role in your injuries
- You poorly performed your work duties
There may be additional valid reasons for letting you go, such as routine or systematic layoffs that affected many workers, not just you. Your employer must also prove any allegations they make against you, such as poor job performance or safety violations.
How Many People Get Hurt or Become Ill at Work?
Workplace injuries are common. According to the U.S. Bureau of Labor Statistics (BLS), 2.7 million non-fatal work-related injuries and illnesses were reported to employers in 2020.
According to additional BLS information, the industries with the highest rate of reported injuries include:
- Agriculture, forestry, fishing, and hunting
- Transportation and warehousing
- Arts, entertainment, and recreation
- Health care and social assistance
- Retail trade
- Accommodation and food services
If you were injured at work in one of these or any other industry, you are entitled to file a claim for workers’ comp benefits. If you did so and were subsequently fired, a lawyer can help you investigate the reason for your termination and seek compensation if it is proven to be in retaliation for your request for benefits.
Get Help Fighting Back Against Employer Retaliation
If you were repeatedly injured at work, you are entitled to workers’ comp benefits for each incidence. You cannot get fired for filing too many workers’ comp claims. If you believe you were, our client-centered team will help you seek compensation for your wrongful termination.
Find out how hard we will fight for you by contacting one of our Farmer & Morris Law, PLLC team members for a free case review today.