1

Get started today

Schedule Your Free Consultation Today!

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

Free Consultation

Can I sue my employer if I think I’m being punished for a worker’s compensation claim?

by FranksKoenig NeuweltOct 30, 20180 comments

Can I sue my employer if I think I’m being punished for a worker’s compensation claim?

Recently, an injured worker came into my office seeking a review of their workers’ compensation case. Upon review of the case, I determined that, although there was not much I could do to assist with their injury claim, it appeared as though the worker had been fired for reporting the injury to their employer.

Unfortunately, termination of an injured employee is common practice by employers, especially in certain industries. However, to do so may be potentially illegal. Most states have enacted laws that make it illegal to fire, suspend, demote, relocate, or take other adverse actions against an employee who participates in certain protected activities. For many states, those protected activities include, but are not limited to, filing a workers’ compensation claim, or even inquiring about their rights regarding workers’ compensation.

Simply being fired after inquiring or filing a workers’ compensation claim is not sufficient to bring a claim though. An employer is free to terminate an employee for a legitimate, non-retaliatory reason, even if the employee has filed or inquired about a workers’ compensation claim. It is the employee’s responsibility to prove that the reason for his or her termination was in fact their inquiry or filing of a workers’ compensation claim.

To bring the claim, most states require the complaint be filed within a specific period of time from the last retaliatory or discriminatory act. The complaint typically must detail the alleged act and why the complainant believes it was taken. Depending on the state, this complaint may first need to be filed with an administrative agency before a lawsuit may be filed in state court.

If the employer is found to have willfully violated the law, the court can award lost compensation and wages and other economic damages caused by the violation. Some state statutes even allow an award of double or triple the amount of wage and economic damages. Lastly, the court can also order that the complainant’s legal and attorneys’ fees be paid by the employer or their insurance company.

If you feel that you have been terminated due to your filing or inquiry into worker’s compensation, you should consult with an experienced – wrongful termination law attorney Charlotte NC – relies on as soon as possible to reserve any rights you may have.

Thanks to our friends and contributors from – Harman Law – for their insight into wrongful termination and retaliation cases.

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.
Verified
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.
Verified
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.
Verified
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.
Verified
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.
Verified
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.
Verified
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.
Verified
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.
Verified
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.
Verified
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!!!!