Can You Be Terminated for Filing a Workers’ Compensation Claim?

Losing your job is never easy, but it can be devastating if you are fired for filing a workers’ compensation claim following a workplace injury. Fortunately, legal protections prevent employers from retaliating against employees who seek benefits under workers’ compensation laws. If this has happened to you, you may have a case.

Is it Legal to Fire an Employee for Filing for Workers’ Compensation?

In Massachusetts, it is illegal for an employer to terminate, demote, or otherwise discriminate against an employee for filing a workers’ compensation claim. Under Massachusetts law, you can file a complaint with the Department of Industrial Accidents (DIA) within two years of the alleged retaliation.

The DIA will investigate your claim and determine whether there is evidence of retaliation. If the DIA finds that your employer violated the law, it can order your employer to reinstate you, pay lost wages and benefits, or pay a fine.

Do You Have a Lawsuit Against Your Employer?

In addition to filing a complaint with the DIA, you may also have the option of filing a lawsuit against your employer. If you choose to file a lawsuit, you may be able to recover damages for lost wages and benefits, emotional distress, and other losses resulting from your termination.

It’s important to note that to prove retaliation, you must show a causal connection between your filing a workers’ compensation claim and your termination. Unfortunately, this can be difficult to prove, particularly if your employer has other reasons for terminating your employment.

If you believe that you have been retaliated against for filing a workers’ compensation claim, it’s essential to seek the advice of an experienced workers’ compensation attorney or an employment law attorney. An attorney can help you understand your legal rights and options and can represent you in your complaint or lawsuit.

Boston Workers’ Compensation Attorneys Committed to Defending Your Rights

Overall, if you’re terminated from a job for filing workers’ compensation, it’s important to know that you have legal protections. While losing your job can be difficult, you may be able to recover lost wages and benefits and hold your employer accountable for violating the law. Don’t face your case alone – call the experienced workers’ compensation attorneys at Jeffrey Glassman Injury Lawyers and speak with us for free. We won’t get paid until you do.