The International Labour Organization estimates that around 340 million occupational accidents and 160 million occupational illnesses are reported globally each year. The Bureau of Labor Statistics (BLS), reports that there were approximately 2.8 million nonfatal workplace injuries and illnesses reported in the United States alone in 2023.
Work accidents can be very stressful because, on top of the pain and recovery, many workers worry about whether they could lose their jobs because of their injuries. Carlsbad accident lawyer Brian Mitchell says that if you have been injured at work, there are laws to protect you. However, the fact remains that employers sometimes choose to dismiss an employee after an injury.
Can your employer legally fire you after you were injured? Let’s discuss the answer to this question.
Employee Rights Regarding Workplace Injuries
If you get injured at work, you have rights as an employee. One important right is the ability to seek medical treatment for your work-related injury. Your employer should provide you with information on how to access medical care promptly and guarantee you receive the medical care you need.
Workers’ compensation lawyer Brian R. Hochman, says you must see a doctor even if your injuries are not severe. Your employer must respect your choice and cannot downplay the impact of the accident on your health.
If your injury stops you from working, you can also file a workers’ compensation claim to cover medical bills and lost pay. Your employer can’t retaliate against you for seeking medical treatment or workers’ compensation.
Understanding Employer Responsibilities
When it comes to workplace injuries, employers have specific responsibilities that play a big role in ensuring the well-being of their employees. Your employer’s main goal is to provide a safe working environment that minimizes the risk of accidents and injuries. This includes offering proper training, maintaining equipment, and enforcing safety protocols.
Employers are also responsible for promptly addressing any hazards or concerns brought to their attention by employees. This proactive approach can help prevent accidents before they occur. In the event of an injury, employers are typically required to provide immediate medical attention and ensure that the injured employee receives appropriate care.
Employers must also disclose workplace injuries to authorities and cooperate with investigations. Transparency is key to workplace safety and incident prevention and by these duties, company owners show they value employees’ health and well-being.
Legal Protections Against Retaliation
Workers’ compensation regulations prohibit companies from retaliating against workers who file claims or disclose workplace injuries. Retaliation—which could sometimes manifest in the form of demotions, wage reduction, or termination—is illegal.
If you feel your employer is retaliating for your workplace injury, you can take action. Retaliation should be documented and reported to the U.S. Equal Employment Opportunity Commission (EEOC) or Occupational Safety and Health Administration (OSHA).
You can also consult an employment lawyer who can inform you what your rights are against retaliation.
Steps to Take If Fired After Injury
Knowing what to do if you were fired for reporting a workplace injury can help you preserve your rights and seek justice. The key is to have proper documentation of your injury. Gather medical records, incident reports, witness statements, and your termination letter. You should also reviewing your job contract, employee handbook, or union agreement to help you understand your rights and employer transgressions.
Consider filing for unemployment benefits if you’re eligible. Keep track of all communication with your employer, including any discussions about your injury, termination, or benefits. If possible, try to negotiate a severance package or settlement with your employer.
Seeking Legal Counsel and Remedies
If you are experiencing employment disputes that cannot be resolved by your employer and your HR department, you have the right to hire an attorney. A skilled attorney can assess your case, decide if your termination violated labor laws, and suggest a course of action. He or she can help you file a workers’ compensation claim or sue your company for wrongful termination or discrimination based on your injury.
Your lawyer can explain your rights, help you understand labor regulations, and represent you in negotiations or court. He or she may also recover lost earnings, medical bills, mental distress, and other damages from your wrongful termination.
Conclusion
If you’re fired for being injured on the job, remember that you have rights and legal protections. Your employer is responsible for providing a safe workplace and can’t retaliate against you for exercising your rights.
If you’re terminated after an injury, seek legal advice to understand your options and pursue remedies for any wrongdoing.
