Can You Lose Your Job For Applying For Payments After Suffering Harm When Working?

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Many workers hesitate to seek compensation after suffering harm at work because they fear losing their jobs. As a result, they shoulder the burden of paying huge medical bills for their work-related injuries or illnesses. However, it is important to note that your employer has no right to fire you for applying for payments after suffering harm at work. That said, there are instances when your company can fire you after suffering an on-the-job injury or illness. If this is the case, below are measures you should take after an unlawful dismissal from work for pursuing payments for harm suffered at work.

Instances When You May Lose Your Job after Suffering Harm At Work

Some injuries suffered at work require specialized care and attention. Hence, if you suffer such harm, you might be free to resign from your position to concentrate on treatment. However, if you're ready to continue working, your employer should retain your position until you recover. But, if they advertise your position during recovery, you can take legal action against them. This is especially the case if they do so after applying for payments for your injuries.

Note that the only time your company can terminate your contract includes instances when you can't perform your job tasks well because of your injuries. Furthermore, your employer can fire you if they no longer need you in your current position. However, even in these situations, your employer must prove that you are not helpful to the company. But, if they raise baseless arguments to cover up their decision to let you go after applying for workers' comp payments, you may challenge their decision. In this case, you need to hire a workers' compensation claim attorney to fight for you.

Measures to Take After an Unfair Dismissal

If your company unfairly terminates you for applying for benefits, contact a lawyer immediately. They will start by examining the reasons for your dismissal to determine whether they were justified. Next, they will gather proof of your employer's discrimination if your dismissal was unlawful. Also, your workers' compensation claim lawyer will prepare and file a lawsuit against your company for the unfair termination of your contract. Then, they will represent you in your case to ensure that you get back your job and the benefits you deserve for your injuries.

As is evident from the information above, your employer has no right to terminate your contract after applying for payments due to a work-related injury. So, if they dismiss you unlawfully for pursuing these benefits, hire a workers' compensation claim attorney to fight for you. They will investigate your case, gather evidence, and take legal action against your company to ensure it re-employees you and that you get your rightful payments. 

For more info, contact a local lawyer like R Trent McAuliffe.