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Can Employees be Fired for Filing Workers’ Compensation Claims?

When you file a workers’ compensation claim, your employer has the responsibility to help you negotiate with their insurance provider to recover benefits. Some businesses retaliate against employees who file workers’ compensation claims and fire them or otherwise discipline the worker in response. This is a violation of the law.

Why Would a Company Fire You for Filing a Workers’ Compensation Claim?

Although it is illegal for employers to fire their workers based on the fact that they filed an injury claim, many companies do so but attempt to attribute the action to other reasons. They may say that the disciplinary action was based on your performance, misconduct, or other false reasons.

Almost all employers are legally required to carry workers’ compensation insurance. These policies are meant to provide benefits to workers who are injured on the job — your employer should have the resources to pay your claim, and there is no acceptable reason for them to fire you in response to a claim. Termination, as well as other forms of retaliation such as demotion or disciplinary action, is a violation of your rights as a worker.

What to Do if You are Fired After Filing a Claim

People who are fired for filing a workers’ compensation claim are left without a job, and no way to pay for the damages that resulted from their injuries. The impact alone is hurtful, and such retaliation is also not lawful. You should contact our attorneys immediately if you are facing a similar situation.

At Smolich and Smolich, our lawyers are dedicated to protecting the rights of injured workers. We are available to discuss your options in the wake of a denied claim or retaliation by your employer, and are dedicated to recovering the compensation you deserve.

Schedule a free consultation with our attorneys if you have a workers’ compensation case — call (916) 571-0400 or use our message form to reach our team.