If you file a worker’s comp claim, can you be fired from his company with no explanation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you file a worker’s comp claim, can you be fired from his company with no explanation?
My boyfriend got hurt on the job and went straight to the doctors and filed for workers comp. He gave all paperwork to his company and went to every doctors appointment but was unable to work. They denied his workers comp pending a medical record. He was told his claim was still opened. While doing this his company fired him and did not give a reason.
Asked on August 26, 2011 Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can't be fired *because* you filed a worker's compensatioin claim. But you can be fired or laid off for unrelated but valid reasons, such as a restructuring, downsizing, performance issues, violations of workplace policies, insubordination, etc.
So the issue is why your boyfriend was fired. If he thinks it may be an improper firing, he needs to either contact the department of labor and/or consult with an employment attorney who--if he or she thinks there is a case--can file an illegal termination claim. It may be necessary to insitute some legal proceeding to get access to records, etc. about why your boyfriend was fired, since a company is not generally obligated to share their reasons for termination, etc. with employees. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.