Can I Be Fired For Filing A Workers’ Comp Claim?

Posted by Christopher “Chris” Schwartz | Sep 26, 2017 | 0 Comments

Workers' Compensation Retaliation Is Illegal

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 related claim against your employer if you are fired because you pursued workers' compensation. Such an action may also be a violation of the federal Family and Medical Leave Act (FMLA).

Schwartz Law Firm LLC will intervene if your employer takes any adverse action for filing for workers' comp. We represent workers across Louisiana, with offices in Metairie and Baton Rouge.

An employer cannot fire you or harass you for getting injured on the job. Our attorneys will take them to court and win.

You Can't Be Terminated For Workers' Compensation

Termination for filing a work injury claim is illegal under state and federal laws. The employer could be liable for back pay and front pay (future wages and benefits), as well as damages for emotional distress, plus attorney fees and civil penalties.

It must be noted, however, 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 in any way for filing a work injury claim, whether by your employer or co-workers, you may also have grounds for civil action. If you do suffer harassment or retaliation 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, no, you cannot be fired for filing a workers' compensation claim in Louisiana. If you are terminated, 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 or subjected to a hostile work environment.

Please call us at 504-837-2263 , or contact us online, to schedule a FREE initial consultation with one of our lawyers. We are available 24/7 by phone and email, and we will fight for your secure possible outcome in your workers' comp claim.

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Schwartz Law Firm

Schwartz Law Firm LLC attorneys bring over 25 years of combined experience securing personal injury recoveries and workers’ compensation successes in New Orleans and southeast Louisiana.