A scrupulous employer may fire an employee who sustains an injury at work. The primary reason for this may be to avoid paying compensation claims. Some employers don’t want to accommodate injured employees due to the high expenses. However, firing an employee injured in the workplace is illegal.
An employer is not allowed to fire a worker who has been injured at the worksite. Workers’ compensation laws prohibit employers from firing employees who collect compensation benefits.
Have you injured yourself at work and were wrongly terminated? Are you wondering, ‘can I hire a work injury lawyers near me for wrongful termination’? You should continue reading the blog to find the answers.
Workers’ Compensation Laws
Workers’ compensation laws in the US dictate that an employer cannot terminate an employee who has been injured on the job. As per the Americans with Disabilities Act (ADA), employers should provide reasonable accommodations for workers injured and disabled in some way due to a workplace injury.
Employers are required to make accommodations, such as by altering the work station of the injured person or allowing them to work from home.
An employer can terminate an employee only for reasons under the normal scope of employment. For instance, if the employer is downsizing and shutting down certain departments, they can terminate an injured worker. Some of the other reasons an employer can terminate an injured person include poor work performance, redundant position, and disciplinary reasons.
But it would be illegal if the employer fires the injured person solely due to their workplace injury. If an employer has terminated you without any reasonable cause, you can hire a workplace injury lawsuit to fight for your case.
Where Can I Find Experienced Workplace Injury Lawyers Near Me?
You can find an experienced workplace injury attorney near you by reading online reviews. Make sure to contact a workplace injury lawyer with years of experience in workplace compensation claim cases.
An expert workplace injury attorney will provide you relief for your wrongful discharge from employment. The attorney will inform you about the process of filing a case against the employer. Generally, the claim is filed in the common pleas court in the state where you are employed.
By filing a workplace injury case against the employer, you can get relief in the form of:
- Reinstatement with full salary
- Lost wages if you were reassigned or demoted
- Monetary compensation for emotional pain due to termination
Under most state laws, the damages you seek would be offset by your earnings after the demotion, discharge, or other punitive action taken by the employer. Additionally, the payment will be reduced by the unemployment benefits and workers’ compensation you received from the employer.
That is why you must look for an expert workplace injury attorney. Ask yourself, ‘who is the most experienced work injury lawyer near me?’ An experienced attorney will know how to build a successful case against the employer. Your chances of winning a workers’ compensation case will be high if you hire an experienced attorney for a workplace injury lawsuit.