Any employer that fires an injured worker because of a workers' compensation claim is civilly liable and can be sued for discrimination. Essentially, we could file a disability discrimination claim or possibly another type of discrimination claim against your employer if you are fired because you have pursued workers' compensation. Such an action by an employer may be a violation of the federal Family and Medical Leave Act (FMLA).
However, it must be noted that if you decline vocational rehabilitation benefits or an offer of employment once you are ready to return to work, you may lose additional workers' compensation benefits that you would otherwise be entitled to receive. Returning to full-time vs. part-time work could also affect your benefits.
Harassment Due To Your Workers' Compensation Claim
If you are harassed for filing a workers' compensation claim in any way, whether by your employer or co-workers, you may also have grounds for civil action.
If you are harassed when you return to work, it is important that you note the dates, times and circumstances of the harassment. Your employer cannot force you to resign or create a hostile work environment based on your workers' compensation claim or any other potentially discriminatory factors.
Speak With One Of Our Attorneys To Fully Understand Your Rights
So, as to whether you can be fired for filing a workers' compensation claim in Louisiana, the answer is no. If you are fired, we will help you sue your employer on appropriate grounds and for maximum damage and loss compensation. We will do the same if you are harassed at work or subjected to a hostile work environment.
Please call us at 504-266-0253 or 800-711-9366 to schedule a FREE initial consultation with one of our lawyers in Metairie or Baton Rouge. We are available 24/7 by phone and email, and we will fight for your best possible outcome in your workers' comp claim.