Can You Be Fired for Filing a Workers’ Comp Claim?
Filing a workers’ compensation claim after a workplace injury is your legal right but many workers fear doing so might cost them their job. It’s a valid concern: you’re injured, you’re out of work, and you’re worried your employer might retaliate.
So, can you be fired for filing a workers’ comp claim? The short answer is no not legally. But as with many employment law issues, there’s nuance. This article breaks down your rights, what constitutes wrongful termination or retaliation, and how to protect yourself if you’re worried about your job after filing a claim.
Is It Legal to Fire Someone for Filing a Workers’ Comp Claim?
No. In every U.S. state, it is illegal for an employer to fire, demote, or retaliate against an employee simply for filing a legitimate workers’ compensation claim.
This protection falls under retaliation laws a category of employment law designed to ensure workers aren’t punished for asserting their legal rights.
Filing a workers’ comp claim is protected activity under state law.
What Counts as Retaliation?
Retaliation isn’t just getting fired it can include any negative employment action taken in response to your workers’ comp claim.
Examples of Workplace Retaliation:
- Getting fired or laid off shortly after filing your claim
- Being demoted or moved to a less desirable shift
- Sudden negative performance reviews that weren’t an issue before
- Being excluded from meetings or projects
- Harassment or hostility from management or coworkers
If you believe these changes only started after you filed a claim and are unrelated to your job performance that’s a red flag.
When Is Termination Legal After a Work Injury?
While retaliation is illegal, employers can still terminate employees for valid, unrelated reasons.
Legitimate Reasons You Might Be Let Go:
- Company-wide layoffs or restructuring
- Poor job performance that predates the injury
- Inability to return to work after exhausting leave or accommodation options
In these cases, the key factor is timing and documentation. If an employer had already planned to terminate your role or has a documented history of poor performance reviews, they may legally proceed even if you recently filed a claim.
However, if there’s no history of problems before your claim and you’re suddenly terminated, it may be considered retaliation.
How to Protect Yourself From Retaliation
1. Document Everything
Keep records of:
- Emails, texts, or memos related to your injury and treatment
- Any workplace comments or behaviors that feel retaliatory
- All communication regarding your workers’ comp claim
2. Know Your Leave Rights
In addition to workers’ comp, you may be eligible for FMLA (Family and Medical Leave Act), which protects your job for up to 12 weeks if your employer has 50+ employees.
3. Consult an Attorney
If you suspect you were fired or treated unfairly because of your claim, a workers’ compensation attorney or employment lawyer can:
- Help prove retaliation
- File a wrongful termination claim
- Pursue back pay, job reinstatement, or damages
Many attorneys offer free consultations for workplace retaliation cases.
What to Do If You’re Fired After Filing a Claim
Step 1: Stay Calm — You Have Rights
Your claim doesn’t vanish just because you’ve been fired. You may still be eligible for:
- Continued medical benefits
- Disability payments
- A settlement (if applicable)
Step 2: Request a Written Explanation
Ask your employer to provide the written reason for your termination. If they refuse or the reason seems vague or suspicious, that may strengthen your retaliation claim.
Step 3: File a Retaliation Complaint
You can report employer retaliation to:
- Your state’s labor board
- Your workers’ comp commission
- The EEOC (Equal Employment Opportunity Commission) in some cases
Deadlines for filing retaliation claims are short in some states (as little as 30–90 days), so act quickly.
Bottom Line
You cannot be fired for filing a workers’ compensation claim and if you are, it may qualify as wrongful termination or illegal retaliation.
But employers can still terminate employees for legitimate, documented reasons even if you’ve filed a claim. That’s why it’s important to protect yourself with documentation, legal support, and a clear understanding of your rights.
Next Up: Workers’ Comp vs. Disability Claims: What’s the Difference?
Not sure whether you should file a workers’ comp claim, a disability claim or both? We’ll break down the key differences in coverage, eligibility, and long-term benefits.
