Workers’ compensation helps protect employees from financial strain. If a worker gets hurt on the job or develops a work-related illness, these benefits can provide crucial support. These can include disability benefits to replace lost wages and medical benefits to cover the costs of their care.
However, some people who might be eligible for workers’ compensation benefits feel anxious at the thought of applying. They may have heard stories of employers punishing employees or even firing them for filing a claim for benefits. Is it legal for employers to fire employees who apply for workers’ compensation benefits?
Workers have many protected rights
Laws at both the federal and state level protect workers’ rights in the workplace. For example, employees generally have the right to report unsafe work conditions. They should not face any punishment for reporting safety violations internally or to relevant regulatory authorities.
Similarly, workers should not face punishment for reporting injuries sustained on the job. The act of filing a claim for workers’ compensation is a protected activity under the law. That being said, workers who cannot perform key job tasks could lose their positions eventually.
The law also protects the right of workers to seek accommodations for debilitating medical conditions in many cases. Employers should try to work with and support professionals hurt on the job rather than punishing them for their medical challenges.
Employees should not have to be scared of filing a workers’ compensation claim. These benefits can provide immense relief during an otherwise stressful time. If employers fire someone immediately after they file a workers’ compensation claim, request accommodations or report safety issues, legal remedies could be available. For instance, they may be able to claim an employer engaged in illegal retaliation.
Filing a lawsuit can help workers hold employers liable for unlawful retaliation. Such legal action can result in financial awards, corrective actions and potentially job reinstatement. Taking to an attorney can help workers assess their options and protect their rights.
