Can You Be Fired For Getting Hurt on The Job?
Posted July 19th, 2021 by Anthony Carbone.
Categories: Workers Compensation.
Suppose you get injured while on the job; your life can change in a moment! Whether your injury is due to chronic pain or medically prescribed restrictions, a work-related accident can render you temporarily or permanently disabled, preventing you from earning a living.
Workers who have been injured and their employers often wonder, “can you be fired for getting hurt on the job?”
Being Fired Because of a Work-Related Injury
Most states have regulations, which make it illegal to dismiss an employee simply because they have lodged a workers’ compensation claim due to a workplace accident. Nevertheless, if an employee’s injury or illness prevents them from performing their important job duties, they can be dismissed.
Before dismissing a worker, the Americans with Disabilities Act (ADA) demands that the workplace make fair arrangements. To satisfy the needs caused by accidents, the employer should offer specific equipment, develop a new work schedule, or restructure the task. Accommodations are deemed ‘fair’ if they do not significantly affect the employer’s operations or budget. Typically, larger businesses are likely to make more accommodations than smaller businesses.
When an employer refuses to render the necessary accommodations, the employee may be harassed or pressured to quit the job. An employer’s use of harassment to address a workplace accident is not justified. The employer must collaborate with the worker to find strategies for modifying the employee’s tasks or responsibilities.
What to Do After Being Laid Off For a Work-Related Injury
Persons who have been injured at work have a legal right to reimbursement for their losses. If you were injured and then compelled to quit or dismissed, as a result, you might be entitled to even further compensation.
Because of a variety of factors, a work-related accident is stressful. You may also need several operations, medical appointments, and other rehabilitation care in addition to your physical discomfort. At the same time, you may still be concerned about the period you will have to miss work and your job status once you resume.
Your employer’s insurance provider is obligated to cover all costs incurred if you make a workers’ compensation claim for an actual work-related injury. These include:
- Medical expenses, including hospital or doctor visits, surgery, etc.
- Continuous occupational and physical therapy
- Lost wages and some of the benefits incurred due to lost earning capacity
If you have been fired because of a job injury, your main goal should be proving validity. It is never easy to prove this, particularly if you are filing a claim by yourself. Alternatively, you should hire a Union City Personal Injury Attorney to represent you.
Seek Help From an Experienced Attorney
Can you be fired for getting hurt on the job? Yes, depending on the circumstances. Nonetheless, it would help if you spoke with an employment lawyer about your options. Your attorney will clarify what, if any, damages you may be eligible for from your old boss.
The expert attorneys at the Law Offices of Anthony Carbone utilize their expertise and resources to defend their clients’ rights fully. If you’ve wrongfully been terminated due to a personal injury in the line of duty, contact the office today to get started.
