Can I be fired for making a worker’s compensation claim?

Just because you have a worker’s compensation case, this does not guarantee your job. You can lose your job, even if you have a pending workers compensation case. The legal issue depends on why the employee is fired. For example, if the employee is fired for punishment or retaliation for making a worker’s compensation claim, this might be improper. However, employers have to run their business. If an employee is off work for long periods of time or has medical restrictions where they can’t fully do their job because a work injury, the employer has the right to terminate their employment and get someone else in to do the job. In this situation, the employee is not being laid off as punishment for making a worker’s compensation claim, but so that the employer can run their business effectively. If the employee is fired for improper purposes, the employee may be able to sue the employer in court, for damages.

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