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Can My Employer Fire Me For Filing a Worker’s Compensation Claim?

injured worker meeting with supervisor after getting back to work

A concern for many of our clients who have been injured on the job is what effect that filing a worker’s compensation claim will have on the client’s continued employment with that employer. This is one reason people who are injured on the job may not file a worker’s compensation claim, simply because they are afraid that if they do so then their employer will immediately terminate them. Rather than utilizing the remedies available to them under Virginia’s Workers Compensation Act, this makes many injured workers use vacation time or sick leave to try and deal with a workplace injury suffered on the job rather than risk raising attention to themselves by filing a worker’s compensation claim with their employer. This is a mistake. As a Virginia worker who is injured on the job, you are protected from retaliation from your employer for filing a worker’s compensation claim for an injury suffered on the job. Therefore, if you have been injured on the job in Virginia, you need to contact an experienced Virginia worker’s compensation attorney at Kalfus & Nachman as soon as possible in order to ensure your rights under Virginia law are protected. Not only can we help you to file for the worker’s compensation benefits you are entitled to under Virginia law, but we can also ensure your employer does not somehow try to terminate you under some other guise when the real reason for the employer trying to do so is you having filed a worker’s compensation claim.

Your Employer Cannot Fire You for Filing a Worker’s Compensation Claim

Under Virginia law, your employer cannot fire, demote, discipline, or retaliate against you in any way just because you filed a claim for workers' compensation benefits if you were injured on the job. If your employer does so, then you would have an employment law claim against your employer that is handled separate and apart from your worker’s compensation claim. However, some employers know exactly where the boundaries are and so they do something that comes very close to crossing the line but is not actually illegal. For example, it is illegal for your employer to fire you because you filed a worker’s compensation claim, but often the employer may claim that you are being insubordinate by making all sorts of unreasonable requests for you to complete projects and then documenting your personnel file if you complain about it or refuse to do a project. An experienced worker’s compensation attorney can often sniff this out and cut it off before it becomes a problem by interceding with your employer to make it clear that we know what the employer is attempting to do to our client.

What Can My Employer Legally Do If It I Cannot Work as a Result of My Injuries?

Sometimes employees who have been injured on the job cannot go back to work in the same capacity as before due to their injuries. Employers are required to make reasonable accommodations for employees who have been injured on the job. Nevertheless, if the employer makes reasonable accommodations for whatever capacity an employee has after suffering injuries in a workplace injury, but cannot find a position for the employee, then it is permitted to terminate the employee.

Contact the Experienced Virginia Worker’s Compensation Attorneys at Kalfus & Nachman

At Kalfus & Nachman, our experienced Virginia worker’s compensation attorneys know if an employer is trying to set you up for termination for filing a worker’s compensation claim no matter what protections Virginia law provides for those who file worker’s compensation claims. If you have suffered a workplace injury in Virginia, then worker’s compensation coverage exists to compensate you for the damages that you suffer as a result of those injuries. Our experienced Virginia worker’s compensation attorneys know how to ensure that your employer and/or its worker’s compensation carrier do not interfere with or violate your rights to file a worker’s compensation claim under Virginia law. If you have been injured in a workplace incident in Virginia, please contact Kalfus & Nachman today at (855) 880-8163 or through the form on this page to schedule a free consultation. Our experienced Virginia workers’ comp lawyers are here to help you.

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