Getting hurt at work can raise an immediate question: What happens to my job now? You may need time off for treatment, have restrictions on what you can do, or simply be worried about how your employer will react when you report the injury.
In general, your employer cannot fire you simply because you were injured at work or because you exercised your rights under workers’ compensation laws. But a termination that happens after an injury is not automatically illegal either. What matters is why the employer took the action and what happened along the way.
Can Your Employer Fire You After a Workplace Injury?
A workplace injury alone is not generally a lawful reason to fire someone. Workers’ compensation provides benefits for employees who suffer job-related injuries or illnesses, and you generally do not have to prove that your employer was at fault for the accident.
There are also protections against retaliation for certain actions related to workers’ compensation. An employer may run into legal trouble if it fires, disciplines, or otherwise punishes an employee for reporting an injury or pursuing benefits.
At the same time, an employer can have a legitimate reason to terminate an employee after an injury. For example, the company may have already been planning a termination for reasons unrelated to the accident. The fact that the termination happened afterward does not automatically turn it into retaliation.
What If You Need Time Off to Recover?
Some injuries heal quickly. Others can keep you away from work for weeks or even longer.
The good news is that workers’ compensation not only provides compensation for treating your injuries, but it also gives you partial wage replacement if you qualify.
Depending on your situation, other laws may provide additional protections. The Family and Medical Leave Act, for example, can provide eligible employees with job-protected leave for certain medical conditions. The Americans with Disabilities Act may also require reasonable accommodations for qualifying disabilities.
These laws have different rules, so an injury does not automatically mean you qualify for every type of leave or accommodation.
What If Your Employer Does Not Want You to Report the Injury?
You should be cautious if someone at work tells you not to report an injury. The same is true if a supervisor suggests that filing a workers’ compensation claim will cause problems for you.
Even an injury that seems minor at first can turn into a bigger medical issue. Reporting it promptly also creates a record of what happened.
Create a file for keeping copies of:
- Accident reports
- Emails
- Text messages
- Any other communications about the injury
If you discuss the accident or your claim with your supervisor or someone in human resources, write down what was said and when.
What If You Are Fired After Reporting an Injury?
If you are fired after reporting a workplace injury, the timing is worth paying attention to, but it does not tell the whole story.
Look at what happened before and after you reported the injury. Did your employer suddenly begin disciplining you? Did someone make comments about your workers’ compensation claim? Was the reason given for your termination consistent with how the company treated similar situations in the past?
Keep your employment records and anything connected to your injury. These details may help an attorney determine whether the termination raises concerns about retaliation or another violation of your rights.
There may also be deadlines for pursuing a workers’ compensation or employment claim. Those deadlines vary, so waiting too long to get advice can create unnecessary problems.
Know Where You Stand
You should not have to choose between getting medical treatment and protecting your livelihood. If you believe you were fired, disciplined, or otherwise treated unfairly because you reported a workplace injury or sought workers’ compensation benefits, an employment attorney can review what happened and explain what protections may apply.
Workplacelawyers.com can help you understand your options and discuss your situation with an experienced employment attorney. Call us today to schedule a consultation.
