Can my employer fire me after I file a workers' compensation claim?

It is true that whenever a worker files a compensation claim because of an injury, the insurer usually increases the premium and the prospect of a higher premium is enough to make an employer apprehensive. However, according to workers’ compensation lawyers in Salt Lake City, UT an employer is prohibited by law from discriminatory steps just because a worker exerts his or her right to compensation after an injury.

It is the employer’s fault or just bad luck that the worker was hurt – this is not the worker’s fault. Just like in the movie Heat when Robert De Niro (Neal McCauley) and his team were robbing that bank and De Niro punched the bank manager in the face, it is not the bank manager’s fault he was hurt and probably had a broken nose.

This awesome movie was fiction. This awesome website is real: Workers-Comp.USAttorneys. If you need legal help, give us a call. If you are in Salt Lake City (or anywhere else) and need a worker’s compensation lawyer, this intuitive site is your answer. You can contact us and we will get back to you within a day as well if you have any questions.

What are rights of the employees?

For the most part, a majority of employees are at-will workers. So if you are an at-will worker your employer can fire you as and when he pleases. However, the reason for which he sacks you must be a valid one. Your employer cannot fire you because you filed a claim. The state offers protection against discrimination by allowing employees to freely assert their rights to compensation and similarly the law acts as an incentive for employers to ensure a safe work environment.

Often, workers get fired after submitting a claim. However, Utah workers’ compensation attorneys say that the firing may not have anything to do with the claim in some cases. For instance, an employer can fire a worker if the company is downsizing due to financial reasons. This ongoing recession because of high taxes, Obamacare, and tough regulations is crushing many businesses. On the flip side, government motors, or General Motors, should have never been bailed out and should not exist but that is another topic.

How can you tell whether you were fired due to your claim or due to other valid reasons?

It is difficult to tell whether you were fired as a retaliatory measure or whether the employer had other legal reasons for firing you. However, watch out for certain telltale signs. The most important thing is to note the timing of your firing. According to Salt Lake City workers’ compensation lawyers suggest that if you are terminated within a matter of days of filing a claim then you can suspect discrimination.

In addition, negative comments by your manager can be an indication who may not be happy with your claim. You have reason to suspect retaliation if you realize that the management is upset because you have filed a claim just days before you were handed the termination letter.

The termination letter must state a valid reason for your termination and must mention reasons such as low performance or the company’s financial health. If you are a disciplined worker with excellent performance records and your company is not facing a financial crisis then you have real reasons to believe that the expulsion is related to the claim. And now you need legal help!

What legal steps can you take if you face this type of discrimination?

If you have enough evidence to prove that your termination is a direct outcome of your workers’ compensation claim then you can bring the matter up with the state compensation agency. You can ask the agency to repay the lost wages and seek a reinstatement. In many states the employer is ordered to pay penalties for wrongful termination. In some other states you can file a lawsuit for wrongful termination against the company.

You can also find out more information about your firing if you still have friends on the job. Perhaps they can give you some insight if management said anything or if they heard anything. If management does this to you, they should be wondering if this could happen to them?

If you are injured on the job and wish to file a claim it would be wise to speak with a workers compensation lawyer in Utah. There are many things the insurance company may not want you to know. This includes the fact that you may be entitled to benefits even if you caused the injury or had a prior injury in the same area. But if you caused the injury and violated safety precautions and certainly if this was not the first time, then perhaps this is the reason the business or organization no longer wants you around.

If you are hurt on the job though and it is not your fault which can happen and happens all the time in tough jobs, you are entitled to worker’s comp. This is why you pay into it so you have something if you are hurt.