If you recently suffered a work injury there are laws that protect your rights as an employee. It’s natural for employees to want to get back to work after an injury but they don’t expect to get fired for something that was an accident. However, an employer can legally fire you if you are permanently or temporarily disabled.
There are situations where you can continue to receive workers’ compensation benefits and unemployment. Unfortunately, there are also situations where you might get fired with no financial help. For example, your doctor might allow you to go back to work with restrictions but you refuse all light-duty assignments. In such a case your employer might fire you and you will lose your workers’ disability benefits.
The good news is that the law protects injured employees from getting fired illegally. If you live in the New Bedford area and you suffered a workplace injury you should contact a New Bedford workers compensation lawyer as soon as possible so that they can advise you what your legal options are.
When can your employer fire you after a work injury?
An employer can legally fire you for various reasons after a work injury. Massachusetts is an at-will state; this means that an employer can terminate your employment at any time for any reason. Some of the legitimate reasons that your employer might use to terminate your employment includes:
- There are no light duties that can accommodate your work restrictions
- The workspace cannot be renovated to accommodate your disability due to the company’s financial restrictions
- You no longer have the physical ability needed to properly perform the job
- You refused to return to work after medical clearance
- A business owner could not afford to wait for you to return to work
It’s not always possible for an employer to accommodate a disabled employee. If you cannot prove that your employer terminated your employment illegally, your rights as an employee are limited.
Example
John Doe owns a small successful retail clothing store and he needs a minimum of two employees: one employee to work the cash register, and the other to assist customers. He hopes to hire more employees in the future but the business is not yet able to. Jane worked for John Doe as the cashier and on a busy day, she fell and fractured her arm in several places. John Doe ensured that Jen received her workers’ compensation benefits to cover her medical needs and lost wages. However, as much as John wanted to wait for June to recover and get back to work, his clothing store could not operate with just one employee. He needed to hire a new one.
Three months later, Jane’s arm was fully healed and she was ready to return to work. Unfortunately, John had already hired Jane’s replacement and could not afford an additional salary for her so her employment was terminated.
An employer should not fire you for filing a workers’ compensation claim
You cannot be legally fired for filing a worker’s compensation claim or getting injured while at work. If you have been harassed, denied benefits, or unfairly fired because of a work-related injury, you should contact an experienced workers’ compensation lawyer in New Bedford for legal advice.
If you have a written contract with your employer that details when and how they can terminate your contract, then you have grounds for legal action against them if you are fired unfairly. Most companies also have return-to-work policies after a work-related injury. The policies are meant to support returning workers by providing alternate positions keeping their jobs open or finding ways to accommodate them if they are disabled.
Why you should hire a New Bedford workers compensation lawyer
A workers’ compensation lawyer in New Bedford can protect your rights as an employee. During negotiations, the insurance company will want to pay you as little as possible and your employer might want to deny liability. An experienced workers’ compensation lawyer will ensure to protect your best interest and get you the maximum amount of compensation that you deserve.
Our lawyers at Kevin P Landry Law Offices have specialized in workers’ compensation cases and have handled cases similar to yours. Contact us today at 508-999-0800 to schedule your free initial consultation.
