Can My Employer Fire me for Filing a Workers’ Compensation Claim?

FOR IMMEDIATE RELEASE
Atlanta, Georgia, United States of America (Free-Press-Release.com) February 23, 2012 -- Most states have enacted laws to protect employees from being retaliated against after filing a workers’ compensation claim. This retaliation can include wrongful termination. However, the laws governing these cases can be rather murky. If you believe you have been unfairly fired after filing a workers’ compensation claim, you should contact an experienced employment law attorney in your area at once.

Protections Afforded by the Americans with Disabilities Act

You are provided with some important protections under the Americans with Disabilities Act (ADA). According to the ADA, it is illegal for your employer to fire you simply because you have filed a workers’ compensation claim after suffering a workplace injury. Also, under the terms of this law, your employer must make several reasonable accommodations for your disability before firing you. These may include:

• A modified work schedule
• Modified equipment
• A restructuring of your job to enable you to successfully perform your job responsibilities

If your employer refuses to try and make these accommodations, you may be able to file a wrongful termination claim to recover any damages you’ve suffered. However, these cases are often difficult to win. If you are unable to carry out your essential job duties after your workplace injuries, your employer may have the right to fire you and replace you with someone who can perform the job according to its requirements. You will need an experienced lawyer who can prove that you would be able to do your job if certain reasonable accommodations were made.

Retaliatory Discharge

It is illegal for your employer to fire you in retaliation for filing a workers’ compensation claim. If you can prove that your termination was in response to filing a workers’ compensation claim, you may be able to bring a retaliatory discharge lawsuit against your employer.

In order to achieve a successful outcome in a retaliatory discharge claim, you must be able to demonstrate that:

• You were engaged in a protected activity at the time of your workplace accident

• Your employer took a retaliatory action against you after filing or attempting to file a workers’ compensation claim
• This retaliatory action was directly related to the protected activity you were engaged in

Damages when Fired after Filing a Workers’ Compensation Claim

If you have been unfairly fired after filing a workers’ compensation claim, you may be entitled to receive damages for:

• Lost income
• Lost future wages if you are unable to find another job that pays you a comparable salary
• Costs associated with your injury

Do I Need a Lawyer?

It is important to hire an experienced employment law attorney who knows the state laws that apply to your case. Often, these cases are very difficult to prove, and you will need an advocate on your behalf who understands the issues in dispute. By securing experienced legal representation, you will ensure that your rights are protected throughout the entire process, and you will give yourself the greatest chance to achieve a successful outcome.

To learn more about your rights if you have been fired after filing a workers’ compensation claim, please visit the website of Robbins & Associates, serving clients in Atlanta, Georgia.

http://www.robbinslaw.com

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