Fired After Workers Comp Claim

The method used by the employer to deny benefits in this situation is called the post termination defense.

Fired after workers comp claim.

It is illegal for your employer to fire you after you tell them you intend to file a workers compensation claim. Your employer fired or laid you off because you filed a workers compensation claim. It does not matter if you are currently employed or not. It s illegal for your employer to fire demote or discriminate against you in another way because you filed a workers comp claim.

One reason many people avoid filing claims for workers compensation is the fear they will lose their jobs. Often times instead of filing under workers compensation employees will use their health insurance for doctor visits and if they need time off work use any sick days or short term disability time they have. But it could be difficult to prove that your previous job caused your current medical condition. When an injured employee who is currently receiving workers comp benefits is fired or laid off this does not affect their right to continue receiving these benefits.

Many workers worry that filing a workers compensation claim will make them lose their job. An employee who is laid off or fired may be denied workers compensation benefits by the employer if an injury is not reported before the employee is terminated. You re allowed to file a workers comp claim after you were fired laid off or quit. But you could lose your job for legitimate reasons and you might not get your job back after your return from temporary disability leave.

Employers can be quite devious when it comes to finding reasons to terminate employees. You may be able to collect workers compensation benefits for a work related injury or illness even if you didn t file your claim until after you were fired laid off or voluntarily quit the job that was responsible for your medical condition. The good news is that federal law prevents an employer from firing employees in retaliation for an injury. This feat is not at all easy to do especially on your own.

According to the law you still have every right to these benefits. California s labor code section 132 a is an anti retaliation provision and any violation of this policy warrants a wrongful termination lawsuit. However your employer can fire you while you have an open workers compensation claim.