It is against the law for an employer to fire an employee because that employee filed a claim for workers’ compensation benefits. It would be considered a retaliatory discharge if that were to happen. Unfortunately. the reality is that it would be difficult to prove that the termination was based upon retaliation.
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Fortunately, under RI laws, an employee who has sustained a compensable injury will have job protection for a period of one (1) year after the date of injury.To state is another way, an employee has a right to be reinstated to his or her former position if the employee is capable of returning to work within 1 year of the date he or she was injured. However, the criteria is that the employee must not be disabled in any way from performing his or her job duties. In addition, the employee’s former position must still exit and be available. The employee must make a written demand for reinstatement. If the employee remains out of work for over 1 year, the employee no longer has a right to reinstatement. This does not always mean that the employee does not have a job to go back to; instead, it is up to the employer whether or not they want to take back the employee.
If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.
