Can I be Fired?
Although it is illegal to fire someone for filing a workers compensation claim the practical matter is that law is so weak and the courts have made it so difficult to prove, there is often not much that can be done. However, it is not all bad news. The law gives the employer incentive to bring an employee back to work. Specifically, if the employer brings the employee back to work at the same or greater wage then there will be a limit on the value of the workers compensation case. Obliviously, it is unfortunate that people will receive a nominal award of their injury but really most people just want to return to work and a good job is more important in the long run. There is also a safety net for the employee if they later lose the job through no fault of their own. Specifically, if within a specific time following the settlement an employee loses their job they can often re-open the workers compensation case and obtain its full value. This is known as reconsideration. As such, if you have settled your case and are laid off because of the economy, inability to perform your work anymore because of your injury or for any other no-fault reason, please contact a workers compensation lawyer at our office to discuss your options.