Can I Get Fired from My Job If I’m on Workers Compensation?
November 30, 2018
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Getting workers comp is your right if you receive injuries at work, but some people still don’t want to file the claim. Many of these people believe that filing for compensation will give their employer a reason to fire them. That is not true and by you refusing to seek medical attention after an injury, you put yourself at risk. The law prevents your Alexandria, VA employer from firing you due to filing a workers’ comp claim. Therefore it is illegal, and if it happens, then you have grounds to sue him. However, your employer can terminate your employment for any other reason other than filing for compensation. If you get injuries during work, it is best that you get yourself an Alexandria workers comp lawyer who can represent you. It is particularly important if you face any hostility from your employer when you report your injuries.

Your attorney will help you gather the necessary proof that is needed to defend yourself from wrongful termination. It is not easy to prove this unless there is actual evidence but it is possible. An experienced Alexandria workers comp lawyer knows what to look for to help you.

Can You Get Fired from Your Job If You Are on Workers Comp and How Can You Get Help from Alexandria Workers Comp Lawyer?

There is no simple answer to this question since it depends on the situation that you are on. According to the law, your employer is not allowed to fire you for filing a workers comp claim. However, he can fire you while you have an open request; that is if you are getting medical attention or recovering. The only thing he has to do is to show that the reason for termination is not related to your worker’s comp.

Your employer has the right to fire you while you are on worker’s compensation because of “at-will employment.” Unless you are under a contract, he can dismiss you for any or no reason other than your compensation claim.

If you are an “at-will” employee, meaning that you are not on contract your employer can state other reasons for your termination. That can be things such as poor performance, lateness, and carelessness at the workplace. In such a case, there is not much you can do if they provide proof of the claim.

However, if the evidence your employer provides is false, your Alexandria workers comp lawyer can help you prove it. Employers are intelligent and will never want anyone to know that they are firing you due to your claim. As a result, they may fabricate a reason for termination, and that is what you can use. Your lawyer will help you prove that the reason is not valid and you can sue for wrongful termination.

On the other hand, if your Alexandria, VA employment is on a contract basis, the case can be different. That is because your employer cannot terminate you without a cause and not as a retaliation of your claim. The contract should have valid reasons that your employer can use to fire you. If the reason given is not provided in the agreement, then you need an experienced attorney to help you file a lawsuit.


What To Do If You Are Fired While on Workers Comp?

It is normal to suspect that the reason for termination is due to filing a workers’ comp claim. However, suspicion is not enough, and that is why you need proof. You have to keep all the documentation right from when you gave your employer notice of injury and the claim form. They will help you prove if your employer was malicious after reporting the damage. As a result, you can file a lawsuit for retaliatory termination where you stand to get more compensation.

On the other hand, your employer may have done a massive termination in the company hence proving wrongful firing is difficult. However, with the best Alexandria workers comp lawyer to help you, he will help you figure out what you need to prove your case.

Call Alexandria Workers Comp Attorney for an Evaluation of Your Case

It is a considerable burden to balance recovering from your injury and following up on the legal aspect. It becomes even worse if they terminate you with an open Alexandria, VA claim. That is why you need the best help you can get to sort out that mess. At Ashcraft and Gerel LLP we understand what you need and how you can prove your case. If your employer terminated you without a valid cause, we would assist you in filing the lawsuit and winning the case.