Whether or not you can be fired when injured at the workplace depends on various factors such as the specific laws in your state, the circumstances that caused the injury, workplace laws, etc. However, it must be noted that being injured at work usually doesn’t lead to termination from work. Most of the countries have certain laws and regulations that protect workers in such situations. According to an Injured Workers Law Firm, these laws not just safeguard the workers’ rights but also prevent their discrimination in the workplace.
Steps to take:
- Report the matter to your supervisor
- Seek medical attention as soon as possible
- Get a legal help so that you are able to get the right workers’ compensation
- Cooperate with the investigation
Situations where you can be terminated:
- In case you have become a liability for the company: If your injury has made you disabled where you are unable to perform your job duties, your employer may ask you to either resign or he may himself fire you. However, you must discuss your specific condition with the employer and ask for reconsideration.
- In case you violate workplace policies: If you have been injured while engaging in some dangerous or prohibited activity at work and also violated the safety norms, your employer has all the rights to take disciplinary action against you.
- In case of mass layoffs: If your company is going through lots of losses, it may consider downsizing or restructuring the workforce at the organization and hence, in such a situation your position might be in danger.
- No contract hiring: Many times your employer may hire you at his own will without being avoided by any rules or regulations. However, even in such situations you have certain rights and usually, you shouldn’t be fired from work due to any injury.
Can filing a worker’s compensation claim get me fired?
There have been some cases of workers getting fired for filing workers’ compensation claims but that is very unlikely.
Can an employee be fired while getting the benefits of workers’ compensation claims?
In such situations, it is upto the employer to decide whether to keep you or to fire you. However, it must be noted that the termination must not be on discriminatory grounds.
Hence, if you believe that you have been unnecessarily terminated from your workplace due to an injury, consult an employment lawyer who will help you understand your rights and give you legal solutions.