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

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’ comp income replacement benefits during recovery.