If you have been injured at the workplace, it is generally a good idea to file a worker’s compensation claim to collect benefits while you recover from your damages. Fortunately, you are able to file a claim and receive a reduced paycheck even if you were hurt while not performing your job duties. Many employers will resort to illegal retaliation to terminate your employment for filing a claim if you were injured on the job. If you feel that you were fired because of an injury, you may be able to file a lawsuit for discrimination or retaliatory termination. Our law group, the California Labor Law Employment Attorneys Group, can provide you with an attorney who can help you if you were laid off while hurt. We are usually faced with many questions about retaliatory termination, labor law, and wrongful termination after getting injured. Some of these questions include:
- Can I sue my employer for being fired because I reported an injury during work?
- Can I be fired for a workplace injury?
- Can I sue because I got fired after a workplace injury?
- Can I be terminated for filing a workers compensation case?
- My employer fired me after I got injured at work. Can he legally do that?
- Can I sue my employer for being fired after I got injured at work?
- I was fired after getting injured at work. Can I sue my workplace?
- I was fired after getting injured at work. What are my rights?
Laws Regarding Workplace Injuries
There are various laws that dictate the ability to terminate workers after injuries. For example, the Americans with Disabilities Act (ADA) states that you cannot be denied reasonable accommodations if you are injured or disabled in some way. Your employer must do all he can to provide you with accommodations if you are injured, such as by altering your work station to help you rest more or by reducing your workload to lessen strain on your body.
If you are injured at work, you cannot be expressly fired due to an injury. Your employer can terminate you while you’re hurt or recovering, but it can only be done in the scope of normal employment reasons. For example, if the company needs to downsize and lay off various departments, you may be terminated despite suffering from a work injury. It would not be illegal in this case because you were not specifically fired while injured and on disability.
You may also not be fired in retaliation for filing an injury at work. Your employer cannot take action against you because you decided to pursue worker’s compensation. Terminating an employee who is injured must only be done if the reason is beyond the injury.
Some legal reasons you can be laid off after a work injury include poor work performance, necessary reductions in size, redundant positions, company mergers, and more. This is because you are still a normal employee even if you are injured, on permanent or temporary disability, at work with accommodations, and more.
If the employee was fired because of an injury, though, then there are definite violations of laws. As such, you can sue your employer for terminating you after a workplace injury.
If the employee was fired because of an injury, though, then there are definite violations of laws.
Can You Sue Your Boss For Laying You Off After You Got Injured At Work?
You can only sue your boss for laying you off after a work injury if he expressly said that he was terminating you because of your injury claim, or if there is evidence pointing to injury harassment or retaliatory termination.
Can I Be Fired While Out Due To A Work Injury?
Yes, you can be fired while out, but if your employer fired you because you were injured, you can take legal action against him.
What Happens If I Am Laid Off Or Fired After A Work Injury? Can You Get Fired Because Of An Injury?
Being terminated after a workplace injury can result in no consequences if you were legally let go, or you can sue your employer because you were laid off after a workplace injury.
Employment in California is generally at-will, meaning that employers have the ability to terminate their employees at any time for any reason, even if that reason is no reason. They cannot terminate you for an unlawful reason, though, such as in retaliation for your work injury or in discrimination. By the same token, employees are able to leave their jobs for any reason.
However, if there is a contract in place that guarantees that you will be employed for a certain amount of time or that you need ample notice or reason to be terminated, your employer could be held accountable in the event of a firing.
To learn more about your rights after a workplace injury, contact our law firm.
Was I Wrongfully Terminated At My Job?
You may have been wrongfully terminated if you were fired while injured. You should conduct some investigation and determine if the circumstances point to unlawful firing. For example, one of the main things to look for is the timetable in which you were fired. Most employers will wait a fair amount of time for you to recover from your injuries and bring you back to work before deciding to release you if it is revealed that you can no longer adequately complete your duties.
However, if you were terminated very quickly after filing a claim, it could be a sign that you were wrongfully fired.
You can also search for evidence in other ways. The most damning evidence is, of course, if your employer specifically stated that you were fired for your work injury. You may also find that other employees were fired for being unable work due to work related injury in the past, which can bolster your claim if you were treated in a similar manner. Other coworkers could also provide similar testimonies supporting your case if they overheard your boss say that you were fired for such a reason.
It is illegal to fire an employee because the employee has suffered a workplace injury, and if you were the employee, you should take legal action.
Restitution from a Wrongful Termination Claim
If you were the victim of a wrongful termination claim, our lawyers can make sure that you are fairly compensated for your damages. Some employers may try to renege on the worker’s compensation claim itself and withdrew coverage for medical bills or try to ensure that your wages are not covered. We will help make sure your bills and paychecks are taken care of.
Further, you will be able to have other lost wages recouped. If you were fired, you could be reinstated into your old position if you so choose, although many individuals may opt out of this choice.
You may have suffered intense emotional and psychological trauma after the ordeal. This could easily result in you suffering fear and anxiety, as well as prevent you from having success in finding other jobs. You could thus sue for pain and suffering damages as well.
Our Los Angeles wrongful termination lawyers for illegal firing an injured worker will be able to help you earn the maximum compensation available for your damages.
Time Limit to File a Wrongful Termination Lawsuit
If you were a victim of a wrongful termination because of a work injury, you only have 2 years from the date of the firing to take legal action. However, this 2-year date is not static. If you file a worker’s compensation claim, you only have 1 year to do so; if you try to file a claim after that point and then you’re fired, you may not be able to collect any compensation.
Further, if you plan on filing a discrimination claim, you must do so with the FEHA. You only have 1 year to file a claim with FEHA; after that, you only have 90 days to go through with the lawsuit.
These numerous time limits can be very confusing, and as a result, many people may miss out on their claims. Our attorneys promise to file all your documents on time.
How We Help
The California Labor Law Employment Attorneys Group promises to help all victims of wrongful termination, especially if you were fired for a work injury. We will not stop pursuing your rightful compensation until we are satisfied with the result. If we have to go to court to aggressively fight for your rights in front of a judge and jury, we will do so.
Call our firm today to set up a free legal consultation with a skilled attorney. We’ll gladly walk you through the legal process and help you understand how to file a claim. We’ll also tell you more about our zero fee guarantee, which promises that you won’t have to spend any of your own money throughout the lawsuit. We’ll cover all fees and you won’t owe us anything, win or lose. Our services will be paid only if we win, with the money coming from the settlement we bring you.
For more help, contact our wrongful termination attorneys with experience in retaliation claims and wrongful firing claims. The California Labor Law Employment Attorneys Group can help.