If you’ve been injured on the job, you may wonder, “Can I be fired for filing a workers’ compensation claim?” Federal and state laws protect employees from retaliation for reporting workplace injuries. However, understanding your rights is crucial to ensure you receive the benefits and protections you’re entitled to. At MHK Attorneys, we help employees navigate the workers’ compensation process, safeguarding their job security and legal rights.

1. Legal Protections Against Retaliation

Most states have laws that prevent employers from firing, demoting, or punishing an employee for filing a workers’ compensation claim. These protections typically include:

• Job Security: Employers cannot legally terminate you solely for filing a claim

• Anti-Retaliation Laws: Employees are protected from discrimination or adverse actions

• Right to Benefits: Filing a claim does not forfeit your right to medical treatment or wage replacement

While these protections exist, some employers may try subtle ways to discourage claims. Recognizing retaliation early is critical for protecting your rights.

2. Examples of Retaliation

Even with legal protections, retaliation can occur in less obvious ways. Common examples include:

• Unjust Termination: Being fired shortly after filing a claim

• Reduced Hours or Pay: Cutting work hours or demoting employees

• Hostile Work Environment: Increased scrutiny, harassment, or negative performance reviews

• Forced Resignation: Pressuring an employee to quit voluntarily

If you notice these behaviors after filing a workers’ compensation claim, it’s important to document them and consult a qualified attorney immediately.

3. What to Do if You Suspect Retaliation

If you believe your employer is retaliating against you for filing a workers’ compensation claim, taking the right steps is essential:

1. Document Everything: Keep detailed records of any adverse actions or communications

2. Notify HR or Management: Formally report any retaliation

3. Consult a Lawyer: An experienced workers’ compensation attorney can advise you on your rights and next steps

4. File a Complaint: You may be able to file a complaint with your state’s labor board or workers’ compensation agency

Early intervention is key to protecting your employment and ensuring you receive the compensation you deserve.

4. When Employers Can Terminate Legally

While retaliation is illegal, there are situations where an employer can terminate an employee who has filed a workers’ compensation claim, such as:

• Termination for legitimate, unrelated reasons (e.g., company downsizing, poor performance)

• Misconduct unrelated to the claim (e.g., theft, violation of company policy)

It’s important to distinguish between lawful termination and illegal retaliation, which can impact your legal options.

5. How MHK Attorneys Can Help

Navigating a workers’ compensation claim while protecting your employment can be challenging. MHK Attorneys specializes in:

• Investigating potential retaliation claims

• Ensuring your rights under state and federal law are upheld

• Assisting with filing complaints or lawsuits if necessary

• Maximizing your workers’ compensation benefits

With professional guidance, you can confidently file your claim without fear of unfair dismissal or retaliation.

Conclusion 

Filing a workers’ compensation claim is your right, and retaliation from your employer is illegal. Knowing your protections and taking appropriate action can safeguard both your job and benefits.

At MHK Attorneys, we provide expert guidance for workers’ compensation claims and protect your rights against retaliation. Contact MHK Attorneys today to discuss your case and ensure your workplace protections are fully enforced.