Can I be fired for filing for workers’ compensation?

| Feb 2, 2021 | Worker's Compensation |

If you are injured in the workplace, you’ll almost certainly be affected financially. You may have lost wages and also had to pay medical bills. Because of this, you may be worried about your accumulating debts and how you will get your finances under control.

Luckily, there is a type of compensation in place for workers who have been injured in the workplace. This insurance is called workers’ compensation, and most employers in California have the responsibility to carry it. Workers’ compensation gives workers’ who become injured due to engaging in workplace activities the right to gain back these damages.

An overview of workers’ compensation

Workers’ compensation is available to workers employed by employers who are legally required to have workers’ compensation in place. Workers are generally entitled to workers’ compensation when they are injured in any activity that is considered to be part of their job. This could be, for example, when a delivery worker is injured in a car crash.

Can I be fired for filing workers’ compensation?

Your employer can never fire you because you filed for workers’ compensation. This is because employers are prohibited from engaging in retaliation regarding workers’ compensation claims. It is a worker’s right to file a claim, even if their employer does not believe that they will be successful.

However, it is possible to be fired at the same time as waiting for the outcome of your workers’ compensation claim. For example, if you violate the terms of your employment, or if you are employed at-will by your employer, your employer theoretically has the right to fire you. However, if you suspect that the reason for the firing is related to your decision to file for workers’ compensation, you have the right to take legal action on the grounds of wrongful termination.

Make sure that you understand how your rights are protected under the law when it comes to your workers’ compensation claim.