You were at work when an accident occurred, resulting in a broken arm. After informing your employer and filing a workers’ compensation claim, you believed your job security was intact. However, a month later, you received a notice of layoff, leaving you questioning the legality of such an action. Here’s what you need to know:
Is My Job Guaranteed After Filing a Workers’ Compensation Claim?
Unfortunately, filing a workers’ compensation claim does not guarantee job protection. While you’re recovering from workplace injuries, your employer might still decide to lay you off, especially if the company faces downsizing or your role becomes redundant. Employment in most cases is at-will, meaning either party can terminate the employment without cause.
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SPEAK TO AN ATTORNEY TODAYThe Law on Retaliation
However, there’s a crucial exception: it’s illegal for your employer to fire or threaten to fire you solely because you filed for workers’ compensation. This act of retaliation is against the law, but proving this can be complex.
Challenges in Proving Retaliation
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Evidence is Key: If you’ve been with the company for a long time without issues, and suddenly you’re fired without clear cause following your claim, the burden shifts to the employer to justify the termination unrelated to your claim.
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Documentation: Without prior documentation or evaluations indicating performance issues or a genuine business reason for termination, employers might struggle to prove the firing was not retaliatory.
Legal Actions for Wrongful Termination
If you suspect your termination is linked to your workers’ compensation claim, consider the following steps:
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Consult an Attorney: Legal professionals specializing in workers’ compensation cases can evaluate whether your termination might be unlawful.
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Gather Evidence: Collect any communication, performance reviews, or witness statements that could support your claim of retaliation.
Why You Should Seek Legal Advice
Facing a job loss after a workplace injury adds significant stress. The fear of retaliation might even deter you from filing a claim. However, understanding your rights with guidance from experienced lawyers like those at BDIW Law can provide clarity and support. They can help assess if your case has grounds for a wrongful termination lawsuit.
Take Action Today
If you believe your layoff was a direct result of your workers’ compensation claim, it’s crucial to act promptly. Contact BDIW Law for a consultation to discuss your situation and explore your legal options. Call (866) 257-7646 to start navigating this challenging time with expert guidance.
Remember, while the road might seem uncertain, legal support can make all the difference in securing your rights and potentially your job.
