Can an employer fire a worker for filing an injury claim?

| Sep 19, 2019 | Firm News |

Getting hurt on the job is a concern of many Michigan workers, which is why the workers’ compensation system is in place to assist injured workers in paying their medical bills. However, some injured workers may not exercise these rights for fear that their employer will fire them for filing a workers’ comp claim. The law is clear that injured workers are protected from retaliation or discrimination if they file a claim.

While places of employment can fire people for many reasons, explains that they cannot run afoul of state and federal laws in doing so, including firing someone for filing for workers’ compensation. An employer is not permitted to punish any worker who seeks to file a claim on account of an injury sustained in the workplace. If an employer fires you just for being injured, you could bring a civil suit against your employer.

While an employer cannot terminate you for filing for workers’ comp, it does not mean that you might not be terminated for reasons that are legitimate. Sometimes a worker experiences an injury because of misconduct in the workplace, such as a violation of written company policy. An activity that violates terms of employment could be used as a reason to fire you once you have been cleared to return to work.

Sometimes an employer fires an injured worker for reasons that have nothing directly to do with the worker. Some employers have to lay off workers due to revenue shortfalls, and the injured worker happens to be one of the workers let go. The department where the injured worker is assigned to is closed down and the workers are terminated. Also, the entire workplace might go out of business.

Workers who suspect they are being let go illegitimately have the option of asking legal counsel for assistance in their case. They may learn that a supposedly legit reason for being terminated was not true at all. Be aware that this information is presented for educational benefit and is not to be taken as a substitute for the advice of an attorney.