Fired After a Work Injury
Clients will often ask us, can I be fired after a work injury? And if so, how does it affect my workers compensation case? Generally, the answer is yes, you can be fired after work injury. However, keep in mind a few things. Number one, if you are a union member and part of a collective bargaining agreement, then your employer usually will have to follow a process in order to fire you. If they fire you, then you should immediately contact your union representative and file a grievance through your union. Number two, if you're not a union member, then you probably can be fired, but you may have a separate employment law claim for wrongful discharge. For example, It is against the law for your employer to fire you because of your age, race, gender, religion, if you reported a work injury, if you are considered under the Americans with Disabilities Act to be disabled, and other items. This does not mean they cannot fire you. But it does mean that you may have another potential claim for wrongful discharge. If you think you have been wrongfully discharged, then there are very strict time guidelines that you must follow, or your employment law claim will be forever barred. You should give us a call as we can assist you with the process and help you find an employment law attorney if your case has merit. Number three, if you have been fired, then so long as you are ready, willing and able to work within your restrictions, and are not currently receiving temporary total disability benefits. You should consider filing for unemployment benefits. Your unemployment claim can be very important in your workers compensation case. So if you do not have an attorney to help you, you should seek out an attorney right away because maybe making a mistake in an unemployment claim could cost you thousands of dollars. We help our clients with both their workers compensation and unemployment claims, and we'll be happy to discuss your matter with you. If you do not already have an attorney.