1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 






    By providing your phone number, you agree to receive text messages from Franks, Koenig & Neuwelt. Message and data rates may apply. Message frequency varies.

    Free Consultation

    Can I get fired for filing a worker’s compensation claim?

    by Oct 30, 20180 comments

    Can I get fired for filing a worker’s compensation claim?

    Fear. It’s a powerful weapon. And it’s one that benefits employers and insurance companies in workers’ compensation claims.

    If you were hurt in a work-related accident, you may be afraid of many things. Fear of losing your job. Fear of not being able to take care of your family. Fear of never returning to the only job you’ve ever known. All this fear can make you hesitant to pursue the workers’ comp benefits to which you’re entitled.

    We understand that some employers ask injured employees to not file for workers’ comp so that their insurance premiums stay the same. And we understand that other employers start treating employees who have filed for workers’ comp differently. – But we have good news. In Virginia your employer cannot fire or retaliate against you for filing a workers’ compensation claim.

    Like most states, Virginia makes it illegal to retaliate against an employee who files a claim for workers’ compensation benefits. In fact Virginia takes it one step further and makes it illegal for an employer to retaliate against an employee who testifies in a workers’ compensation claim. This means that your coworker can testify on your behalf at a workers comp’ hearing without fear of legal retaliation.

    But I Don’t Have an Employment Contract. Can’t My Employer Fire Me for Filing for Workers’ Comp?

    Most employees in Virginia work at will. This means that an employer can fire an employee for any reason, or for no reason at all, as long as the reason is legal.

    Virginia recognizes the public policy exception to at will employment. The public policy exception prohibits termination in violation of a state’s public policy doctrine or of a state statute. It is usually applied in cases where an employer interferes with an employee’s exercise of a statutorily created legal right or where an employer violates a statutorily created public policy meant to protect a class of persons of which the employee is a member.

    In Virginia It is illegal for an employer to fire an employee because that employee has filed a workers’ compensation claim. This does not mean, however, that an injured worker has unlimited job security. Your employer can terminate you legally if it does so for reasons unrelated to your work comp claim.

    What Should I Do if I Think I was Fired for Filing a Workers’ Comp Claim?

    It may be difficult to determine whether your employer retaliated against you because you filed a workers’ compensation claim. If you think you’re the victim of illegal retaliation, contact a – Richmond workers’ compensation attorney – right away. Your attorney will investigate the facts, including the timing of your termination, the stated reason for your termination, and any statements – written or verbal – made by your employer’s management team.

    If you can prove that you were fired or retaliated against because you filed for workers’ comp, you may be entitled to additional compensation through a civil lawsuit.


    Thank to our friends and contributor – Corey R. Pollard, Esq. – for his insight into workers’ compensation claims.

    Palm Beach car accident lawyer

    We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

    See what Our Clients Have To Say

    Florida’s Most Trusted Workers’ Comp Attorneys

    Devin Major
    Devin Major
    August 9, 2022.
    Best team I had ever working for me I really hope anybody who needs legal advise call them
    Gregory Diggs
    Gregory Diggs
    August 4, 2022.
    I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
    Cynthia Murray
    Cynthia Murray
    August 3, 2022.
    Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
    Naisha Dorvilus
    Naisha Dorvilus
    August 2, 2022.
    Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
    Jaime Ieli
    Jaime Ieli
    July 29, 2022.
    My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
    Evelin Hernandez
    Evelin Hernandez
    July 21, 2022.
    Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
    Tammy Dault
    Tammy Dault
    July 20, 2022.
    Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
    Brandon moore
    Brandon moore
    July 19, 2022.
    Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
    john heller
    john heller
    July 12, 2022.
    They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!