After being injured at work, many people are hesitant to file for workers' compensation out of fear of losing their job. Instead, they will try to use their health insurance, sick days, and short-term disability time to cover their treatment and recovery. However, since most doctors screen for work injuries, you’re often left with no choice but to file a workers’ comp claim and when you do it’s in your best interest to contact the Las Vegas workers' compensation lawyers at GGRM.
Can I be Fired for Filing a Workers' Comp Claim?
The good news is you cannot be fired for simply filing a workers' comp claim. However, this does not mean you cannot be fired while your claim is active. If they can demonstrate there were reasons for firing you or laying you off unrelated to your workers' compensation claim, they can terminate your position while your claim is open.
At Will vs Contracted Employees
The terms of your employment will affect how your workers' compensation claim is handled. At will employees can leave their job or be fired by their employer for any reason or even no reason at all, thus the term "at will." When you have filed a workers' comp claim as an at will employee, this may motivate your employer to let you go. However, they will not indicate this as the reason, as you could then file a lawsuit for discrimination or retaliatory termination. Instead, they will likely offer a legal reason for your termination, such as poor work performance, company restructuring, or financially necessitated layoffs.
Things work a bit differently for contract employees. The contract you signed upon being hired should detail the various conditions under which your employer may terminate the contract. Among these reasons may be a provision to allow termination if the employee is unable to work for a certain amount of time (generally six months or so). This provision would legally allow a company to terminate an employee with an open workers' compensation claim.
Contact the Las Vegas Workers' Compensation Lawyers
The process of filing for workers' compensation can be confusing and extremely time consuming. That's why the Las Vegas workers' compensation lawyers at GGRM are there for you when you need them. When you have been injured on the job, our workers' compensation lawyers will fight to get you the compensation you are entitled to for the costs of your medical expenses and lost wages. Call GGRM at 702-388-4476 to schedule your free consultation today.