Se habla español
Click to Call

Can I Be Fired for Being Injured On The Job?

If you were hurt while you were working you are most likely entitled to workers’ compensation. Your employer is responsible for providing medical care and for paying you partial wages while you are recovering. Companies are required to have workers’ compensation insurance specifically for this purpose. Some people who get hurt on the job may be afraid to report the injury or file a claim because they are afraid of being fired. However, companies are not allowed to terminate employment because of an injury the worker suffered while on the job.

Protections for Employees

Generally, employers must follow some rules and regulations regarding workers’ compensation claims. When an employee is out of work due to a work-related injury, the employer is required to keep your job or a similar job open for you. In other words, you will still have a job to return to once you are completely recovered.

Sometimes an employer may think they can terminate an employee to make a workers’ compensation claim go away or as retribution for filing a claim. An employer cannot fire you simply for filing a workers’ compensation claim. In fact, if they were to do so you would be able to file a civil claim against them.

However, you should also keep in mind that your employer can terminate your employment for other reasons. If you have had problems in the past that were documented, your employer may be ready to take action against you for those reasons. However, they would have to show that the reason for termination was not because you filed a workers’ compensation claim.

What Can I Do To Protect Myself?

The best thing you can do to protect yourself against an employer is to document everything. In many of these types of cases the employer has little or no evidence to back up claims of previous behaviors that would cause someone to be fired. Make sure that you follow up any verbal conversations with an email that outlines the points of discussion. This will document the dates and times of conversations as well as the details that were discussed. Do not allow yourself to get into a verbal or physical altercation because that could certainly be grounds for termination.

If you were hurt on the job, it is usually best not to discuss the matter with other employees. This can make your employer uneasy and create discord between the management and employees. At the same time, talking about the case could cause problems with your claim.

It is also helpful to get guidance from an experienced Rome workers’ compensation attorney. Your lawyer understands workers’ compensation cases and will help you through the entire process including filing a claim and working through any problems that may arise.  A skilled attorney can mean the difference between a smooth workers’ compensation claim and one that has problems or is denied.

Get the legal help you need from our skilled Rome workers’ compensation lawyers at The Bader Law Firm. Contact us today to get answers to your questions and discuss your case.

Seth Bader is an Auto accident, Workers Compensation and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law, and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.

◂ Back to Blog
Seth Bader

Seth Bader Law Firm Logo

(678) 562-5595