What If You Are Fired For Reporting An Injury

BY: Koszdin | Friday, February 8, 2019.

Getting hurt at work is not something anyone wants to experience, but work injuries are a reality for millions of people a year. Most of the time, work injuries are minor and people do not miss any work days. Other injuries, though, can be detrimental.

One thing that nobody expects or should ever have to go through, is being fired because they report a work injury to their supervisor.

At Koszdin, Fields & Sherry, we believe that everyone has the right to feel safe when they are at work. Part of that safety is knowing that they will be taken care of if they are injured while performing work-related duties. Nobody should have to worry about losing their job if they get hurt. If you need a workers compensation attorney in Los Angeles, you can count on our qualified and experienced team to be by your side.

Can They Fire Me?

Injury aside, most employers have significant leeway when it comes to hiring and firing. Firing a union employee may be a bit more difficult, but not impossible. However, you cannot be fired for reporting an injury that happened to you during the course of your work duties. There are protections against retaliation for reporting injuries.

We have heard far too many cases of people being “let go” for reporting an injury, many times before a workers’ compensation claim is even filed. This has the effect of encouraging other employees to never report their injuries. Some people would rather suffer through the pain than lose their jobs. That is understandable, especially for those who depend on every paycheck to get by.

    1. Why would an employer want to fire someone before they file a claim
  • Simply put, they think that your injury will cause their insurance premiums to go up.
    2. Can I be denied a workers’ compensation claim if I am injured?
  • Nearly all work injuries are covered by workers’ compensation insurance, whether you were at fault or not. If you were intoxicated or acting completely out of line with your duties (horseplaying), you may get denied.
    3. Can I be fired while I am collecting workers’ compensation
  • Technically, yes. If you are out with an injury, you are still receiving compensation through the insurance company and are still just like any other employee. You may have a hard time proving you were fired just because you were on workers’ compensation.

How We Can Help

If you have been injured at work and then released from your job, and you think you were let go because of your injury, then you need to seek legal assistance immediately. At Koszdin, Fields & Sherry, we fight for workers who have been treated wrongly by their employers. Our knowledgeable and experienced team will work with you to secure the compensation you deserve. This can include:

  • Coverage of your medical expenses
  • Lost income recovery
  • Possible reinstatement
  • Pain and suffering damages
  • Punitive damages

When you need a Los Angeles workers compensation attorney, you can reach out to us for a free consultation by clicking here or calling one of these numbers: 818-812-5639 or 800-747-3447.

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