Injured At Work Then Fired, and you don’t know what to do? This this article is for you. Keep reading.
Employers are obligated to provide a safe working environment for their employees. Sadly, accidents continue to occur despite all safety measures taken by businesses to safeguard their employees. You have the right to be safe whether you work at a desk or on a construction site.
Workers’ rights are the goal of workers’ compensation laws. These laws work to stop employers from retaliating against injured workers who want to file claims for workers’ compensation. If you were hurt at work and fired right away, it is important to know what your rights are. Workers’ compensation (WC) covers injuries sustained while working.
Medical bills and lost wages incurred as a result of an injury or illness will be covered by workers’ compensation. Whether you worked in a white-collar or blue-collar job is irrelevant; what matters is that you were an employee and that your injury occurred on the job. You reserve the privilege to petition for pay, in addition to the right to not be fired for exercising this right.
Because workers’ compensation is no-fault, you are covered regardless of who was at fault for the accident—including yourself. Because you hurt yourself, your employer might try to convince you that you do not deserve workers’ compensation benefits. Maybe they attempt to let you know that you did not look where you were going when you fell, or that you were occupied at the time of your injury. Even though either of those things might be true, that does not mean you should not be compensated.
Your boss probably might not have any desire to pay. When you file a workers’ compensation claim, their insurance will increase. Regulators who enforce workplace safety may also be interested in these claims. Even if your actions contributed to your injury on the job, you should not be fired for applying for benefits or highlighting the dangers of your workplace.
The admonition to this is that you did not act with gross carelessness. If you were drunk or affected by drugs during the period of the accident, you might be excluded from acquiring benefits.
It is essential to understand what constitutes an employee. It is possible that you will not be able to apply for workers’ compensation benefits if you are an independent contractor or a member of an unprotected group.
If you have filed for workers’ compensation but have been fired, you should try to gather as much evidence as you can. Both with respect to your physical issue and previous work environment.
You will need your doctor’s medical records, including those from before your injury that show a difference between before and after. It will be especially helpful in your favor if you have any photographs or videos of the workplace, the incident itself, or your injuries. Attempt to gather proof that your terminating was connected with your physical issue. This could come in the form of messages or emails from your boss indicating their intention to fire you.
You might try and have the option to have your associates affirm that your quest for benefits was why you were terminated.
If you are laid off as a result of your injury, it is critical that you get in touch with an attorney as soon as possible. Look specifically for a lawyer who focuses on workers’ compensation law. Your attorney will assist you in properly processing your claim. They will make sure that you will have a better chance of getting the benefits you need sooner. A lawyer will likewise exhort you on the entirety of your legitimate privileges against your boss would it be a good idea for them they take steps to fire you.
Injured At Work Then Fired; What Rre My Rights?
When you get hurt at work, you need to know your legal rights regarding your employment, as well as your options for getting medical care and compensation for your injuries. Some of these rights are:
- Right to request for medical treatment for your work injury
- The right to not be forced to return to work until you are released to restricted duty or full duty by your physician
- The right to return to your job if your physician allows you to
- The right to file a workers’ compensation claim if your employer carries workers’ compensation insurance or to file a workplace injury lawsuit against your employer if they do not have workers’ compensation insurance
- The right to request for and acquire legal counsel
- The right to reject incentives
Right to Medical Care and the Right to Appeal Decisions
- If an injury is work-related, an employee has the right to receive any and all medical care from an authorized medical provider that is reasonable and necessary for the work injury.
- An employee, his or her attorney, and the medical provider who recommended the medical care has the right to appeal the denial through utilization review if an employer denies the employee’s request for medical treatment for a work-related injury.
- An employee has the right to a hearing before a Court of Workers’ Compensation Claims Judge if they file a timely claim for a work-related injury.
- The employee has the right to appeal to either the Workers’ Compensation Appeals Board if they are dissatisfied with the decision made by a Court of Workers’ Compensation Claims Judge at a compensation hearing.
Business and Laborers’ Remuneration Regulation
Each state requires most businesses to give laborers’ compensation insurance to safeguard qualified workers. Employers are also protected from being sued by injured employees by worker’s compensation laws.
Every state’s business regulation perceives the precept of voluntarily work. This means that there is no obligation on either party to continue working together for any reason.
A voluntarily worker can be terminated without cause, with three significant exemptions:
- Infringement of public strategy: discrimination and retaliation
- Violation of a written or implied contract
- Violation of the employer’s covenant of good faith: broken promises of fair treatment.
You Cannot Be Fired for Reporting a Workplace Injury or Filing a Workers’ Compensation Claim
Your employer cannot legally fire an injured worker for doing either of these things.
If you have been injured on the job and have been fired unfairly, denied benefits, or harassed, you should seek legal counsel from a skilled workers’ compensation attorney.
The regulations and laws that keep our society together make up public policy. It entails acting ethically for the benefit of the community.
Employees who are fired in violation of public policy face retaliation from their employers, who are typically found to be:
Written Contracts Protect Workers
Some workers accept jobs under a written contract with the employer that lays out the work agreement, including when and how the worker or employer can terminate the contract. Other workers accept jobs under a written contract with the employer that lays out the work agreement.
You are entitled to legal action against the employer if your termination violates your contract.
Most large businesses have employee manuals with rules and procedures for workers who have been injured on the job and want to return. The organizations frequently support returning employees by keeping their positions open, giving substitute positions, or obliging a recently incapacitated representative.
The employer is often obligated by these return-to-work policies. Workers who follow policy guidelines and are fired may have legal recourse.
Break of Implied Contract of Business
An understanding that comes from employment manuals, employee evaluations, or comments made by your boss during your interview, during job promotions, or in connection with your injury is known as an implied contract of employment. It is not a written agreement between you and the company.
How is a Work-Related Injury Lawsuit Filed?
If you have been harmed at work, you must ensure that you receive the financial compensation you are entitled to due to the mounting costs of your injury.
Despite the fact that workers’ compensation laws usually shield employers from lawsuits based on injuries sustained at work, different states have different exceptions.
Additionally, even if you are unable to sue your employer, the laws of your state may grant you the right to sue another business or bring a different type of claim.
With all of these in mind, contacting a local attorney as soon as possible is the best course of action for your situation. You can get an in-depth explanation of your legal rights and guidance on the best course of action from a seasoned local attorney.