Can an employer fire me for filing a workers’ compensation claim?

While most people know that workers' compensation provides medical and lost income benefits to workers who suffer an injury on the job, they may not know of the additional employment protection it affords a worker after filing a claim. Some employers may be tempted to threaten or harass an employee to discourage him from filing a claim, or the employer may simply want to fire the employee. If this happens, employees can take action against the employer to recover civil damages for unfair treatment. Employer retaliation if you file workers' comp

Protection From Employer Retaliation

To ensure that employees are able to collect their work injury benefits without punishment, workers’ compensation laws prohibit employers from taking adverse action against a worker who has brought a claim in good faith. The employee is protected from retaliation immediately after the qualifying injury occurs, even before the claim is filed or the employer notified of the accident.

Under workers' compensation laws, employers are forbidden from retaliating against workers in the following ways:

  • Termination. Workers' compensation laws typically prevent an injured worker from suing an employer. However, if the employee was laid off or fired because he sought workers’ compensation benefits, he may bring a retaliatory discharge lawsuit against the employer.
  • Workplace harassment. Employers may make threats against employees who file claims, including blacklisting them from future job opportunities.
  • Discriminatory treatment. Discrimination can come in many forms, including disciplinary action, salary reduction, demotion, being passed over for promotion, or being assigned a new title or another position.
  • Forced leave. Employers cannot force an employee to use or forfeit accrued paid time off, paid medical leave, pension benefits, or other earned income in lieu of workers’ compensation income replacement benefits during recovery.

Have You Been Injured On The Job In  Rhode Island?

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 Cranston 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.

 

Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.