Workers’ compensation coverage protects those who get hurt because of their employment. Their benefits can help pay for their medical care and replace their lost wages when they become unable to work. Workers can obtain full medical coverage with no copay or deductible that applies. They can also receive partial wage replacement for as long as they cannot work or have to work a lower-paying job.
Yet, some professionals fear filing a worker’s compensation claim because they assume that doing so can put their job at risk. Can employers fire workers over a request for workers’ compensation coverage?
Employer retaliation is against the law
Technically, it is illegal for a business to retaliate against workers for engaging in certain protected workplace activities. Reporting an injury, requesting accommodations and filing a workers’ compensation claim are all protected activities.
Workers should not lose their jobs for trying to stay safe or seeking benefits after acquiring an injury or illness because of their employment. That being said, companies don’t always follow the law. Some businesses find ways to terminate workers during or after a workers’ compensation claim.
For example, the company may fail to provide medical accommodation and may then terminate the worker by claiming they no longer meet performance metrics. The employer might also try to justify terminating a worker because they have missed too many days of work because of their medical condition. Such terminations could be inappropriate and might lead to wrongful termination lawsuits.
Workers with help are less vulnerable
Employees who know and actively assert their rights may be less at risk of inappropriate employer conduct than those who are unsure of their workplace rights. Having assistance throughout the workers’ compensation claims process can be beneficial for those worried about job loss or an employer contesting their benefits claim.
Businesses may be more cautious about how they respond to a claim from a worker who has legal representation. Those who have the insight and advocacy provided by a lawyer may have an easier time obtaining benefits and responding appropriately when an employer violates their rights during the claims process.
Understanding the rules that apply to a workers’ compensation claim can help people feel more confident about requesting benefits. Workers shouldn’t have to worry about losing their employment to obtain the coverage that their employers have a legal obligation to provide.