Being Fired for a Workplace Injury
Sustaining an injury on the job can be a devastating event, especially if the injury is so severe, it causes you to be out of work for an extended period. Not knowing what to expect can be a scary situation, and the stress of wondering how medical bills for your injuries will be paid can put a strain on everyday life. The last thing that's probably on your mind is being fired for sustaining a work-related injury, but, unfortunately, this is not uncommon in the workplace.
If you've been fired after sustaining a workplace injury, here's what you need to do:
Your Employment Contract
Depending on your contract with your employer, if you are an at-will employee, you and your employer may terminate your employment for any reason at any time. So, if you are injured at work and file for workers' compensation, your employer can lawfully terminate your employment.
Typically this happens if smaller businesses need to hire another person to take your place to avoid losing money while you are recovering for your injuries. If you are a contracted employee, it's critical to review the terms of your employment contract to learn what you can and cannot be fired for. If you are confused about the terms of your contract or don't fully understand your employment rights according to your contract, it's critical to contact an attorney that understands both workers' compensation and wrongful termination laws.
Steps to Take After Sustaining a Workplace Injury
After sustaining a work injury, you should report the accident to your employer and seek medical attention immediately. Your work injury report and medical records are vital in receiving workers' compensation benefits.
When filing a workers' compensation claim, it's critical to have an experienced workers' compensation attorney on your side to ensure you receive the maximum benefits you are entitled to. If you've been fired after filing a workers' compensation claim, speak to your attorney about how to move forward with a wrongful termination case. However, when it comes to wrongful termination for a workplace injury, you must prove the following:
- You were an employee that is eligible to receive workers' compensation benefits.
- You were engaged in a lawfully protected activity, such as filing a workers' compensation claim.
- You've been fired or suffered other adverse employment actions or retaliation.
Contact a San Antonio Wrongful Termination Lawyer
Filing for workers' compensation is complicated enough, and when also having to file a petition against your employer for wrongful termination, it can make it that much more daunting. Having a San Antonio wrongful termination lawyer on your side can ease your fears and concerns. If you've been unjustly fired for filing a workers' compensation claim, we can help. Contact The Law Offices of George P. Escobedo & Associates, PLLC at (210) 807-3178 today for a free consultation and to learn your rights.