Can an Employer Legally Fire Someone for Filing a Workers’ Compensation Claim?


When you’re on the job you may do everything in your power to keep your boss happy so that you can keep your job. There could be a lot of reasons people in your line of work are fired, but if the reason is illegal, your boss can’t fire you and get away with it. Are you worried about filing a workers’ compensation claim because you’re afraid you’ll get fired? Don’t worry! It’s illegal for your employer to do so.


Protection Against Retaliation

Employees who are injured on the job shouldn’t fear retaliation from their employer for filing a workers’ compensation claim. Most workers are entitled to coverage, and it’s illegal for employers to fire someone for exercising that right. With this protection against retaliation, employees can feel secure in their jobs, even if they get injured.


3 Important Considerations to Keep in Mind 

  1. Though it’s illegal for you to be fired for filing a claim, it’s not illegal for you to be fired for some other legitimate reason. For example, if you were injured and out of work for a few weeks and during that span of time your company underwent company-wide layoffs, it’s not illegal for you to be one of those layoffs.
  2. Something else to consider is that your injury could have been from negligence on your part. If your employer has warned you multiple times that your behavior could result in being fired, you could receive a notice that you are fired while you’re bedridden with an injury. For example, if company policy states you are not allowed to show up for work intoxicated, but you were intoxicated at the time of your injury, you may lose your job while you’re away.
  3. Finally, consider the fact that your position may need to be filled while you’re gone in order to keep business running smoothly. Your employer is more than likely under no obligation to keep the position open for you. If you have recovered and are ready for work, but someone else is already doing an efficient job, your employer may choose to keep that other employee and give you the boot.


What to Do if You’ve Been Treated Unfairly

If you feel you lost your job due to retaliation for filing a workers’ compensation claim, it’s important you speak with an attorney, like a workers’ compensation attorney in New Jersey. Some employers will try to mask the layoff with another legal reason, but if it’s truly due to your claim, you may be able to provide proof and either get your job back or get a fair settlement from the situation. Contact an attorney today to get started.


Thanks to Rispoli & Borneo, P.C. for their insight into whether an employer may fire someone for filing a workers’ compensation claim.