Is it legal to fire someone on workman’s compensation, if not can I sue them? 14 Answers as of March 03, 2014

I fell on ice on the parking lot of my job, spraining my knee and hip. Three weeks after falling on the job and being put on restricted duty, the company I worked for fired everyone holding the position I held.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
It depends. You need to consult with a workers compensation lawyer in YOUR state.
Answer Applies to: Michigan
Replied: 3/3/2014
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 2/19/2014
David Hoines Law
David Hoines Law | David Hoines
yes, it is legal nothing to sue for if getting your w/c benefits.
Answer Applies to: Florida
Replied: 2/17/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
It is legal to fire someone who is out on workers compensation for many reasons but not because they filed for workers' compensation benefits.
Answer Applies to: Iowa
Replied: 2/17/2014
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
Unfortunately, the Delaware Worker's Compensation law does very little to protect an injured worker's job. Although we do have an "anti-retaliation" provision in our comp law, the burden is on the injured worker to prove that they we fired because they made a comp claim rather than a legitimate reason.
Answer Applies to: Delaware
Replied: 2/17/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If they fired all of you then it would be obvious that they are not punishing you. right? if they were punishing you for filing a comp claim you would have A CLAIM PERHAPS. SEE A GOOD COMP LAWYER.
    Answer Applies to: North Carolina
    Replied: 2/17/2014
    Stephens Gourley & Bywater | David A. Stephens
    Generally an employer cannot fire an employee on worker's compensation. You can sue them for this.
    Answer Applies to: Nevada
    Replied: 2/17/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    If you do NOT have a contract, you can be fired at any time, including the day or the week after a work injury. The fact that you are fired has NO EFFECT on your Workers' Compensation Claim.
    Answer Applies to: Illinois
    Replied: 2/17/2014
    Gates' Law, PLLC | Thomas E. Gates
    If they fired everyone then you may be out of luck. See an employment law attorney.
    Answer Applies to: Washington
    Replied: 2/17/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It is illegal to fire an employee for filing a comp claim, but they can fire you for any other reason or no reason at all in Alabama because we are an "at will" employment state. It is very difficult, if not impossible, to win a wrongful termination case here. On the bright side, though, it sounds like you will have your workmen's compensation benefits. The law may be different where you are, so you might want to consult a workmen's compensation lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 2/17/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Since it appears that they did not do it in retaliation for the injury, I think they can. However, I don't know that terminating you will end the worker's compensation payments. Call your worker's compensation commission and discuss the situation with them.
    Answer Applies to: Idaho
    Replied: 2/17/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    Georgia is an "at will" state meaning they can terminate you for cause or for no reason at all. Under workers' compensation, if you can prove you were singled out and terminated (sounds difficult from the limited facts you presented), then you may be entitled to weekly income benefits if you out of work completely or if you are on light duty work restrictions, however you must make a diligent job search to find employment within your stated light duty work restrictions. There is a lot of litigation on this topic, however you never get there if the employer legitimately terminated a round of employees due to economic circumstances beyond their control. Facts are very unique in these situations, I would recommend speaking with a Georgia workers' compensation attorney to find out more specifics based upon your facts. Good luck.
    Answer Applies to: Georgia
    Replied: 2/17/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    They can't fire you for filing a comp claim, but they can fire you for any other reason. The fact that they fired others as well indicates to me that this was not just directed at you.
    Answer Applies to: New York
    Replied: 2/14/2014
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    Yes they can fire you, but you can file a claim for workers' compensation benefits. You should contact a lawyer ASAP.
    Answer Applies to: Georgia
    Replied: 2/14/2014
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