Wrongful Termination after a Workplace Injury

Posted by on Oct 12, 2013 in Employment Law, Workers' Compensation | 0 comments

Work can be stressful, even when you are doing your dream job. There are things that may sometimes get the best of you, causing you to lower your guard and get injured in the process. Workplace injury is a very common thing that can happen to just about anyone. Even the most careful worker can be injured because of negligence of another worker, which can account for worker’s compensation benefits. However, be informed that being injured in the workplace is not grounds for termination.

A lot of workers who have been away from work for a long time due to injury or sickness and are on worker’s compensation have expressed their worries about being fired by their companies. This is why it is important to know that each and every worker is protected by various laws against unlawful termination, such as the from the Department of Labor, civil rights act, Equal Employment Opportunity laws, according to Cary Kane LLP. Loss of employment because of long absences due to workplace injury constitute for wrongful termination that can be a basis for a job loss lawsuit.

Because workplace injury covers a worker’s right for compensation, it is against the law for an employer to discriminate or fire a worker because of absences caused by the injury and the rehabilitation that comes with it. If you have a contract with an employer that guarantees a certain time frame and then these terms are violated, then you can contact an employment attorney to help you in your legal action.

When filing for wrongful termination because of workplace injury, it is important to remain calm and be honest about all the details to your employment lawyer. Being loud, angry or fighting with your employer can be too risky as it can be used against you, making you lose integrity in your case. When you have already filed your lawsuit, inform your lawyer beforehand about contacting your employer, co-worker or anyone that is associated with the case. Most wrongful termination cases are aimed for monetary compensation, although a worker can ask for reinstatement of employment and/or penalties that can be placed on the company that is at fault.

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