Can I Be Fired For Having A Workers’ Compensation Case?

One of the reasons that injured workers wait or choose not to hire an attorney is because they’re afraid that they’re going to be terminated or retaliated against for filing a workers compensation claim. And I want to make sure that everybody understands that the workers compensation law actually protects injured workers from that very situation. It’s against the law and the statute is 440 205. It is against the law for the employer to terminate or retaliate against you for having a workers compensation claim or hire an attorney to pursue that claim. Many times, people don’t get attorneys right away. Because of that they’re afraid of that situation. And they come to us later. And we try to explain that situation and try to help them through their situation and work well, many times is too late because they stopped showing up for work or they start going late. Or now the employer is trying to come up with some other reason to terminate them and not call it a retaliation or not call it termination. And so it’s very important that you get an attorney right away to explain these laws to you so that you know how to deal with your employer. Right after you have the accident after you’ve been to the doctor after the doctor has given you restrictions that you need to take to your employer, show your employer what your restrictions. And if the employer can’t accommodate those restrictions, they will send you home and you’ll collect a worker’s compensation check every two weeks and other cases, the employer will accommodate you and try to find you a job within your restrictions. And so there are many different situations that come up because people don’t understand what their rights are. And we highly recommend that you get an attorney right away so that you don’t get into that situation.