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Can I Be Fired for Filing a Workers' Compensation Claim?

Under federal and state laws, employers must not take negative employment actions against an employee for filing a workers’ compensation claim. This is known as retaliation, and is strictly prohibited. Thus, you may not be legally fired for filing a workers’ compensation claim.

This law provides protection to all employees who file workers’ compensation in good faith. This means you aren’t using fraud or other deceitful methods to gain money through workers’ compensation. If you participate in certain protected activities, such as filing for workers’ compensation and hiring a workers’ compensation lawyer, your employer will not be able to fire you.

Other types of retaliation include:

  • Demotions
  • Lowered pay
  • Changes in responsibilities or job positions
  • Disciplinary actions that aren’t warranted

By law, your employer may not engage in any adverse action against you simply because you filed for workers’ compensation or participated in a protected activity. However, your employer may still fire you if there are legitimate reasons to do so. If you will be unable to work for months or years, the employer may need to hire someone else to fill your position. However, for unlawful retaliation, you may be able to pursue compensation by filing a lawsuit.

Call Our San Antonio Workers’ Compensation Attorney Today at (210) 807-3178

The Law Offices of George P. Escobedo & Associates, PLLC represents clients who have been injured at work. If you filed a workers’ compensation claim and were fired or demoted as a result, our firm can help you seek justice. Retaliation is illegal, and employers must be fair and reasonable with how they treat their employees. We can talk to witnesses and gather evidence to support your claim in court.

Contact our firm today to discuss your case in a free consultation.