No, an employer cannot legally fire you for filing a workers’ compensation claim. Under both state and federal laws, employees have the right to seek compensation for work-related injuries without fear of retaliation.
However, if you suspect you were fired because of your workers’ compensation claim, this may constitute retaliation, which is illegal. In such cases, you may have grounds for a wrongful termination lawsuit. Signs of retaliation can include sudden negative performance reviews, demotion , or termination shortly after filing your claim.
Filing a workers’ compensation claim should not put your job at risk. If you believe you were wrongfully terminated in retaliation for exercising your rights, you should seek legal advice immediately to protect yourself and explore your options. Proving retaliation can be challenging and typically requires evidence such as:
- Timing of termination: Being fired shortly after filing a claim may suggest retaliation.
- Inconsistent reasons: If your employer provides vague or contradictory explanations for your firing, it could indicate a retaliatory motive.
Disparate treatment: If other employees in similar situations were not terminated, this inconsistency might support a retaliation claim.