Note: Selena’s story is a fictional scenario presented to help illustrate how a workers’ comp claim can lead to wrongful termination and end in a lawsuit that helps her recover compensation.
Fired After Receiving Worker’s Compensation Benefits
If you get fired while on workers’ compensation in Arkansas, there are several important factors to consider that can significantly affect your situation. Losing your job while recovering from a workplace injury can be overwhelming and confusing, but knowing your rights can help you navigate this challenging time.
In this blog post, we will discuss common reasons for getting fired while on workers’ compensation, what your rights are as an injured worker, and the steps you can take if you believe your employer wrongfully terminated you. It’s important to understand that employers cannot legally fire you simply for filing a workers’ compensation claim, but they may argue other reasons for dismissal. We’ll explore what constitutes wrongful termination and how to determine if your employer’s actions were lawful.
Recovering from a workplace injury is already a difficult process. Losing your job during this time can create additional financial and emotional stress, but you don’t have to face it alone. By understanding your rights and the legal protections in place for injured workers, you can take action to protect yourself and ensure you are treated fairly. Keep reading to learn how to handle this situation and get the support you need.
Reasons for termination and your rights as an injured worker
The most important question to ask if you get fired after filing a workers’ compensation claim is, “Why did I get fired?” This will determine whether the grounds for your termination were legal.
In Arkansas, it’s against the law to fire someone solely based on the fact that they filed a workers’ compensation claim. As long as the claim is legitimate and not fabricated, employees have the right to receive compensation for workplace injuries.
If an employee was fired for this reason, this is considered retaliation on the behalf of the employer, which is prohibited. Even though Arkansas is an “at-will” employment state, meaning an employer can typically fire someone for any reason, filing for workers’ comp is not one of those reasons. It is the exception to the rule.
On the other hand, let’s say an employee was fired for reasons unrelated to a workers’ comp claim, such as violation of company policy or performance issues. The employee’s eligibility for reimbursement of medical expenses and lost wages may remain intact. However, the employer retains the right to fire the employee for any reason other than the sole fact that they filed for workers’ comp benefits.
The reason also may have nothing to do with you and everything to do with the company. Perhaps your company is downsizing, having budget constraints, or simply doesn’t need a person to fill your role anymore. These are, unfortunately for the employee, all valid reasons to be fired that have nothing to do with the claim.
Take action while on Workers’ Comp
While you can be fired while on workers’ compensation in Arkansas, it’s crucial to understand your rights regarding ongoing benefits and any potential legal recourse you may have. If you believe your termination was due to filing the claim, you may have grounds to sue your employer for retaliation and discrimination.
Our advice would be to document everything, from the initial injury to the final conversation you have with your employer. Gathering evidence for proof of retaliation is crucial, especially for when you meet with your attorney. It is advisable to meet with a lawyer to understand your rights and options, especially if you believe your firing was unjust or retaliatory.
We also recommend reviewing your termination paperwork for any inconsistencies or indications that you are being fired only because you filed for workers’ comp.
And lastly, we recommend considering your goals. Is your goal to receive monetary compensation or get your job back?
The next step in your career
While it’s possible to get your job back after suing for wrongful termination, it’s not guaranteed. In most cases, a court will order reinstatement only if both parties agree. Reinstatement is rare, and courts are typically hesitant to force people to work together if there is conflict.
Reinstatement could be part of the settlement agreement, but in most cases, a wrongful termination suit ends in monetary compensation for the fired individual. If you are unable to return to your previous job after your injury, you may be asking yourself what’s next in your career.
There is an important option available people often don’t know about. You may be eligible for vocational rehabilitation services, which can help you find new employment or retrain for a different job.
Selena’s workers’ comp story
Selena works the night shift at a warehouse in Arkansas. She was there late one night when a tornado ripped through Fayetteville, and she was struck by a heavy object. She sustained serious injuries and filed for workers’ compensation benefits through her employer’s insurance company.
Her boss fired her for doing so because he was upset she would file a claim for a situation entirely beyond his control. She had an email conversation with him and got this explanation in writing, which she used as evidence against him.
Selena hired a lawyer to help her prove she was wrongfully terminated for filing a claim. Even though it’s technically possible to be fired while on workers’ comp, it’s illegal for her employer to fire her because she filed the claim.
Selena remained eligible for her workers’ compensation benefits and received reimbursement for her medical treatment and lost wages. Additionally, she was awarded compensation for being wrongfully terminated.
How to File a Workers’ Compensation Claim and Protect Your Rights
Filing a workers’ compensation claim doesn’t have to be complicated. By following these essential steps, you can protect your rights and secure the benefits you deserve after a workplace injury.
- Report Your Injury Immediately: Notify your employer about your work-related injury or illness as soon as possible. Delays in reporting can hurt your workers’ comp claim.
- Get Medical Attention: Seek medical care right away and ensure your treatment is documented. Accurate medical records are crucial for your workers’ comp case.
- File Your Workers’ Compensation Claim: Submit your claim to your state’s workers’ compensation board. Double-check all required forms and deadlines to avoid delays.
- Follow Your Doctor’s Treatment Plan: Adhering to your doctor’s recommendations ensures you remain eligible for workers’ comp benefits.
- Know Your Rights and Avoid Retaliation: Understand your legal rights as an injured worker and watch for signs of employer retaliation.
By taking these steps, you can navigate the workers’ compensation process more easily, protect your rights, and focus on your recovery. Whether you’ve experienced a workplace injury or occupational illness, knowing how to file a workers’ comp claim is key to getting the support you need.
Protect Yourself While on Workers’ Comp
At our Law Firm, we specialize in workers’ compensation cases. Our workers’ compensation attorney’s are here to inform you about and protect you from wrongful termination. Everyone who files a workers’ compensation claim has the right to not be fired for doing so.
If this has happened to you, you can book a free consultation with us to get the representation you deserve. We can help you acquire compensation to bridge the gap between the job you were fired from and your next place of work.
Reach out today: 479-783-8000!
