Getting hurt at work is stressful enough. But if you’re worried about losing your job just for filing a workers’ comp claim, that can make things even worse. The good news? Workers’ compensation laws exist to protect you. The bad news? Some employers still try to get around them.
So, can you actually be fired for filing a claim? The short answer is no—at least, not legally. But that doesn’t mean your employer won’t try to make things difficult. Let’s break it down.
What the Law Says About Job Protection
Workers’ compensation laws are designed to help employees who get hurt on the job. If you’re injured while working, you can file a claim to cover medical bills and lost wages. In return, you usually give up the right to sue your employer.
Legally, your boss cannot fire you just for filing a workers’ comp claim. Most states have laws that specifically protect workers from retaliation. That means if your employer fires you as punishment for seeking benefits, they could face serious legal trouble.
But here’s the tricky part: Employers can fire you for other reasons while your claim is open. If they say your position is being eliminated, or that you weren’t performing well before your injury, proving wrongful termination can be tough.
How Employers Try to Get Around the Law
Most companies won’t come right out and say, “We’re firing you because of your workers’ comp claim.” Instead, they might try to cover it up by using excuses like:
- Poor job performance – They claim you weren’t doing your job well, even if there were no complaints before your injury.
- Company downsizing – They say your job is no longer needed, even if they’re still hiring other workers.
- Policy violations – They suddenly accuse you of breaking company rules that were never enforced before.
This is where things get complicated. If an employer can make it look like they had a valid reason to fire you, it can be difficult to prove they acted illegally.
If you suspect you’re being pushed out unfairly, it’s important to get legal advice. Munley Law’s Pittsburgh workers’ compensation attorneys, or similar legal professionals elsewhere can help you understand your rights and what to do next. A skilled attorney can assess your situation, determine if your termination was unlawful, and help you take the necessary legal steps to protect yourself.
What If You Can’t Work Because of Your Injury?
Even if you’re not fired outright, your job might not be waiting for you when you recover. Some states allow employers to replace injured workers if they can’t do their jobs for a long period of time.
But that doesn’t mean you lose your rights. If you’re still recovering and can’t return to work, you may be eligible for additional benefits. Some workers’ comp claims include vocational rehabilitation, which helps injured workers train for new jobs if they can’t go back to their old ones.
If you’re worried about losing your job while on workers’ comp, check your state’s laws and talk to a lawyer. Every case is different, and you may have options you didn’t know about.
What to Do If You’re Fired After Filing a Workers’ Comp Claim
If you lose your job after filing for workers’ comp, don’t assume there’s nothing you can do. Here’s how to protect yourself:
- Gather evidence. Keep copies of emails, write down conversations with your boss, and save performance reviews. If your employer suddenly claims you were a bad worker, these records can help prove otherwise.
- Get a written reason for your termination. If you’re fired, ask for a termination letter. This forces your employer to put their reason in writing, which could help your case.
- Talk to a lawyer. A workers’ compensation or employment lawyer can help you figure out if you have a wrongful termination claim. If your employer broke the law, you may be able to sue for lost wages, emotional distress, or even get your job back.
Can You Still Get Workers’ Comp Benefits If You’re Fired?
Yes! Even if you’re fired after filing a claim, you should still receive the workers’ comp benefits you’re entitled to. Your employer can’t take away medical coverage or disability payments just because they let you go.
However, losing your job can complicate things. If your employer argues that you were fired for misconduct, they might try to cut off your benefits early. Again, this is why it’s so important to have legal help if you think something is wrong.
The Bottom Line: Know Your Rights
Filing a workers’ comp claim shouldn’t cost you your job. While employers can’t legally fire you as punishment, some will still try to get around the law. If you’re let go after filing a claim, don’t ignore it—take action to protect yourself.
If you’re unsure what to do next, getting legal advice can make all the difference. Workers’ compensation laws exist to protect injured employees, but you have to know your rights to use them.
