People who get hurt at work often have questions about their rights. Most people have limited knowledge about workers’ compensation benefits. They might believe inaccurate information that could affect them if they get hurt on the job.
Many employees feel anxious at the prospect of reporting a workplace injury or major incident to their employer. They may also feel nervous about requesting workers’ compensation benefits. Employees may worry that any actions that could impact the company’s bottom line could result in punishment, possibly including termination from their position.
Do injured or sickened employees who need to file workers’ compensation claims need to worry about the possibility of a retaliatory firing because they request benefits?
The law protects injured workers
Although employers can fire workers for any lawful reason or no specific reason, they cannot fire people for engaging in protected workplace activities. Reporting safety issues or injuries sustained on the job is a protected activity under the law. So is the active requesting accommodations for injuries and other debilitating medical conditions.
Even the process of seeking workers’ compensation benefits is a protected activity. Employers cannot fire workers for acknowledging that they got hurt on the job, asking for support to continue working or requesting workers’ compensation benefits.
Employees can theoretically take a leave of absence to undergo treatment or recover from their injuries if deemed necessary by the doctor overseeing their claim. They can ask for a change in job responsibilities or assistive technology if necessary. Their employers should work with them, rather than punishing them for the consequences of an on-the-job injury.
The injured employee can receive medical coverage through workers’ compensation, as well as disability benefits if they require leave. Employees should not have to worry about the possibility of losing their employment simply because they make use of the benefits in place for their protection.
Employees who feel anxious about filing a workers’ compensation claim may benefit from obtaining support through that process. An attorney can oversee paperwork, educate a worker about their rights and help resolve any controversy. Learning more about the rules protecting injured workers can help people feel confident if they need help after getting hurt on the job.