One of the leading reasons why people opt not to file a workers’ compensation claim after an on-the-job injury is because they fear that doing so could cause problems for their future employment. They fear that if they cause problems for the company, they may end up having their hours cut or even being let go from the company. But can you legally be terminated from your employment as a result of a work injury? We explore that answer and more in today’s blog.
Fired For Filing A Workers’ Compensation Claim
We’ll start by addressing the common fear that filing an injury claim could result in your company taking retaliatory action against you. It is absolutely illegal for your employer to retaliate against you for filing a workers’ compensation claim. If your hours are slashed, you are demoted, your pay is cut or you are let go and you believe your injury claim had anything to do with it, you need to connect with a workers’ compensation lawyer. It is illegal for employers to take retaliatory action against an employee for pursuing benefits they are entitled to receive through a workers’ compensation claim. If they do so, you’ll have another lawsuit on your hands.
So you can rest easy knowing that your employer cannot retaliate against you for filing an injury claim, and you are protected in the event that they do so. With that said, you can lose your job as a result of the work accident. It’s not the filing of the claim that can bring about an end of your employment, but rather the extent of your injuries.
If your employer can no longer accommodate your needs as a result of your injuries, your time with the company may be over. For example, if you work construction and you lose a leg during the accident, you may not be able to work in that line of work anymore. However, you’re also not completely out of luck in the event that you can’t return to your same job as a result of your permanent work injuries.
If you can’t return to the same job as a result of your work injuries, you may be able to:
- Transition to a different position in the company that aligns with your physical capabilities.
- Receive training in order to move into a new position at the same company.
- Have education expenses paid for so that you can move into a new position at the same company.
- Receive training or have education expenses paid for so that you can move into a new position at a different company.
- Pursue lost wages benefits in the event your new position pays less than your old position.
- Have reasonable accommodations paid for to help you transition into a new position.
In other words, in the event that you can no longer work the same job as a result of your injuries, you’ll have plenty of options available to you to help you return to gainful employment. The best way to seek these benefits and maximize your opportunities is with the help of a workers’ compensation lawyer. We’ll be able to help you navigate the system and ensure your rights are protected.
If you can no longer work the same job after a work injury, or you believe that your company is conspiring against you because you filed a claim, now is the time to reach out to an experienced workers’ compensation lawyer. For help in the greater Twin Cities area, reach out to the team at Hey Workers today at (844) 439-9675.
