Injuries sustained while on the job can be life-changing. The good news is most employees are able to return to work after reaching maximum medical improvement or after the doctor approves them to do so. However, there are situations where your employer can legally fire you after a work-related injury. The good news is there is something you can do about it with the help of a Providence work injury lawyer.
Federal and state laws protect employees from getting fired illegally by their employers following a work-related injury. It’s crucial that you understand these five factors regarding getting back to work so that you can know when your employer can and cannot legally fire you:
- Worker disability
- Employer retaliation
- Breach of contract
- At-will employment
- Wrongful termination
Worker Disability
The Americans with Disabilities Act makes it illegal to discriminate against people with disabilities in several areas, including employment. This means that your employer is prohibited from discriminating against a prospective or current employee because they are disabled. They also cannot fire you based on your disability or inability to return to work because of a disability that prevents you from immediately returning to work.
However, there are situations under which an employer has no choice but to fire you if you are disabled due to a work injury. For instance, if your disability prevents you from performing certain duties and you cannot be given a position where your disability won’t prevent you from performing your tasks efficiently, then your employer might have no choice but to fire you.
The company where you work might not have a range of positions available. In such a situation you might need to seek employment elsewhere. Your employer, however, needs to make reasonable adjustments to accommodate your disability. This can include anything ranging from lower shelving to access ramps. This of course will depend on whether your employer is able to afford these adjustments.
Employer Retaliation
If you file a workers compensation claim, your employer is not allowed to fire you. If you’ve been fired by your employer after a workplace injury or because you filed for workers’ compensation, you need to contact an experienced workers’ compensation lawyer in Providence.
Firing an employee is a violation of public policy and are guilty of retaliation against employees who are:
- Reporting the employer’s illegal activities
- Refusing to engage in the employer’s illegal activities
- Filing for workers’ compensation
- Exercising their legal rights such as voting
Breach of Contract
A work contract with your employer defines your work agreement including the circumstances under which your employer can fire you. This means that you can take legal action against your employer if they fire you in a way that breaches the contract.
Most companies have procedures and regulations for workers to return to work following a work injury. They also have manuals that outline procedures you should follow for returning to work. If your employer fires you for following a work injury, consider reviewing the company’s return to work policy as it is a legally binding document. You might just have legal recourse.
At-Will Employment
At-will employment means that your employer can fire you at any time for any reason except an illegal one, without incurring legal liability. The reason for firing you, however, cannot be an illegal one such as race or disability. Similarly, you can leave your job at any time without incurring legal consequences.
Most American states, including Rhode Islandrecoogizes at-will employment. Your employer can fire you at any time without cause except if:
- There is a breach of contract
- They violate public policy
- They break promises of fair treatment
Can You Be Legally Fired After a Work Injury?
If you suffered a work-related injury in Providence, your employer can fire you legally if:
- They run a small business and the employer cannot wait until you fully recover from your injuries because their business will suffer.
- Your injury left you disabled and the company does not have a position that you can fulfil comfortable with a disability.
- They cannot afford to reconstruct the workplace to be able to accommodate your disability.
- They are dissatisfied with how you execute your tasks
- You no longer have the physical ability to perform crucial tasks
How Much is Your Workers’ Compensation Claim Worth?
You can find out how much your workers’ compensation claim is worth by getting your case evaluated for free. At Kevin P Landry Law Offices, we do free initial consultations. You can book your free consultation with one of our work injury lawyer in Providence by calling 401-751-0101 today.
