On-the-job accidents sometimes happen, and workers might be out of commission for a while. While Workers’ Compensation claims may help you make ends meet while you cannot work, your employer might retaliate by trying to fire you. This is illegal, and you should speak to an attorney immediately.
You cannot be fired simply because you file a Workers’ Compensation claim. However, your employer may terminate you for other valid reasons. If you caused the accident that led to your injuries, your employer may fire you for your negligence. Some workers accept Workers’ Comp settlements that require them to resign and not seek reemployment with the same employer. Before accepting any settlement, speak to an attorney.
Get a private, free case assessment when you call our Massachusetts Workers’ Compensation lawyers with the Law Office of John J. Sheehan at (617) 925-6407.
Can I Be Fired if I File a Workers’ Compensation Claim?
In Massachusetts, employers are usually required to have insurance to cover injured employees’ Workers’ Compensation claims. If your employer tries to fire you because you file a claim, get legal help immediately.
It is illegal for an employer to fire an employee simply for filing a Workers’ Compensation claim. Employers often try this to hide the fact that they do not have Workers’ Compensation insurance to cover them. Alternatively, they might fire an injured employee to cover up their responsibility for the accident.
You also cannot be fired for reporting unsafe working conditions. This is sometimes a problem in Workers’ Compensation cases, as many accidents happen because employers negligently allow the workplace to become unsafe.
If your job is threatened because you filed a Workers’ Compensation claim, you should get legal help right away. If you cannot return to your job, our Massachusetts Workers’ Compensation lawyers must make sure you get as much compensation as possible to support yourself while you recover.
Can I Be Fired While Receiving Workers’ Comp Benefits in Massachusetts?
While it is illegal to fire someone simply for filing a Workers’ Compensation claim, you can still be fired for other reasons.
You might be fired if your employer determines that the accident was your fault. Filing a Workers’ Compensation claim is not a fireable offense, but on-the-job negligence may be. Whether you are terminated for causing the accident is between you and your employer, but it is a possibility.
You may also be fired if your employer cannot hold your position open for you while you are unable to work. Some people cannot return to work after an accident for a long time, and employers need to fill their positions with someone else to keep the business going. As such, you may be terminated while you are receiving Workers’ Compensation benefits.
Do I Have to Quit My Job if I File for Workers’ Comp?
In some cases, injured workers are required to quit their jobs as part of a Workers’ Compensation settlement. This is not the same for everyone, and you may need to work out the terms with your attorney and employer. On top of that, the settlement may also forbid you from seeking reemployment with the same employer.
If you are not required to quit, your employer can hold your position for you, but they do not have to. You may work something out with your boss if you only need a few weeks off from work. If your injuries are long-term and you cannot return to work for many months or more than a year, it might be harder for your boss to hold your job for you.
Regardless of what your boss tells you, you might have to leave your job for a certain period of time based on how much you get from a settlement. Under Mass. Gen. Laws Ch. 152 § 48, it is presumed that you cannot for 1 month for every $1,500 you get in the settlement. If the settlement pays you $4,500, it is legally presumed you cannot work for at least 3 months.
What to Do if Your Employer Fires You for Filing a Massachusetts Workers’ Comp Claim
You should not be fired just for filing a Workers’ Compensation claim. If something like this happens, your first step should be to get a lawyer immediately. Remember, it is illegal to fire someone for filing a claim.
Your attorney can help you demand an explanation from your employer. If there is a valid reason for your termination, your boss should be able to explain it. Even if your boss provides an explanation, is it a good one? Talk to your attorney if you think your employer is giving a bogus explanation.
Your attorney can help you make sure that you can still file a claim and get compensation. If you want to retain your employment status while receiving compensation, make sure the terms of a settlement agreement allow you to do this.
Preparing to Leave Your Job When Filing for Workers’ Compensation
In some cases, injured employees cannot return to their jobs or do not want to. In such cases, attorneys can make sure that the terms of your termination are worked into the Workers’ Compensation settlement.
First, we must be sure that the settlement covers your expenses for the foreseeable future. If you cannot work for a while and cannot return to your current job, it might be a while until your next paycheck.
Once you begin receiving compensation, begin working on finding new work in a new career field. Depending on your injuries, your benefits may eventually be terminated, and you will need to be prepared to re-enter the workforce.
Call Our Massachusetts Workers’ Comp Attorneys for Assistance
Get a private, free case assessment when you call our Boston Workers’ Compensation lawyers with the Law Office of John J. Sheehan at (617) 925-6407.