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Can I lose my job for filing a workers’ compensation claim?

On Behalf of | Nov 9, 2024 | Workers' Compensation |

Workers’ compensation benefits are a crucial form of protection for employed professionals. Businesses generally have to provide workers’ compensation coverage for all employees, including seasonal and part-time workers. Coverage helps protect workers from hardship and employers by limiting their liability for work-related medical issues.

Should an employee sustain injuries on the job, they can file a claim for workers’ compensation benefits. Employees may also qualify for benefits based on acquiring a medical condition, like carpal tunnel syndrome. There needs to be a clear connection between their condition and their employment. Even those who readily recognize that they should be eligible for workers’ compensation may hesitate to seek benefits. They may worry about the possibility of losing their jobs over filing a claim.

Can employers terminate workers who report work-related medical challenges and request workers’ compensation benefits?

Reporting injuries is a protected activity

The law protects the rights of workers to assert themselves in certain circumstances. For example, workers have the right to report on-the-job incidents and any other safety concerns without facing retaliation. They also have the right to request basic benefits without worrying about punishment from their employers.

In other words, companies cannot terminate workers for reporting an on-the-job injury, notifying the employer about a work-acquired illness or requesting workers’ compensation benefits. However, there are still some scenarios in which employees might lose their employment after reporting a work injury. Firing a worker for making a claim could constitute illegal retaliation.

Injured workers may lose their jobs

In some cases, workers may have violated company policy prior to or after their injury. They may be at risk of termination in such scenarios. Additionally, employers do sometimes end workers’ employment in scenarios where they miss large amounts of work or become permanently incapable of performing certain job functions.

Employers do often need to offer reasonable accommodations, but there are limits to the support they have to provide. Requesting workers’ compensation does not serve as a form of protection against misconduct or issues with a worker’s job performance. If a company notes a decline in job performance or records a history of multiple disciplinary issues, employees receiving workers’ compensation benefits may still be at risk of termination.

Employees who obtain support throughout a workers’ compensation benefits claim may improve their chances of securing benefits while reducing their risk of inappropriate employer retaliation. Learning more about how the law protects workers may empower them to seek the benefits they need for job-related medical challenges.

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