Around 2.6 million non-fatal work injuries occurred in the United States in 2021. In the event that you injure yourself at work, the important thing to do is get the proper medical treatment.
Filing the claims is the legal obligation of your employer. But what happens if someone you know said, “I got hurt at work and they fired me”? In this article, we’ll take a closer look at why an employer may fire someone after a workplace injury. We will also look at what your legal rights are in that situation, and some steps that you can take to press your case.
Understand Workers Compensation
Workers’ compensation pays for accidents or illnesses that happen at work. It usually covers a wide range of injuries. This includes physical injuries, occupational diseases, and mental conditions caused by work.
Workers comp pays for any medical care you need because of an accident or illness you got at work. If you get hurt and can’t work for a while because of it, workers’ compensation may give you money to make up for lost wages. Most of the time, these benefits are worth a certain amount of your usual weekly wage.
Workers’ compensation may give you disability benefits. This happens if your accident leaves you with a permanent disability. How much you get and how long before you get it depends on how bad your disability is.
It also depends on the laws in your jurisdiction. In some cases, workers’ compensation will pay for vocational retraining services. This will help you get back to work or learn new skills if you can’t go back to your old job because of an injury.
Employment Laws
Employment laws govern the relationship between companies and employees. These laws are different for each country and region, so it’s important to know the laws that apply in your area.
Employment laws often have rules about how to hire people. This includes non-discrimination based on race, gender, religion, disability, or age. They may also have rules about how to get rid of an employee. This includes notice periods, retirement pay, and reasons for firing.
Most employment laws set a minimum wage that employers have to pay their workers. They may also require certain benefits, such as paid leave, vacation time, sick leave, health insurance, and retirement plans.
Laws on safety and health in the workplace set standards that businesses must follow. This helps in keeping a safe and healthy place of work. These rules cover safety tools, training, hazard prevention, and more.
Retaliation Protection
Most of the time, employers aren’t allowed to take retaliatory actions against employees for engaging in protected activities. Retaliatory actions can include firing, demoting, lowering pay or benefits, moving someone to a less desired job, giving them a bad review, or making the workplace hostile.
To prove retaliation, employees generally have to show that the action the employer took against them was caused by the protected action they took. This means showing that the boss didn’t do what they did because they had to, but because they wanted to hurt you.
Consult an Employment Attorney
Employment attorneys know a lot about how labor and employment laws work. Because of their experience, they can examine your case, tell you what your rights are, and help you through the court process. A lawyer who specializes in employment law will give you personalized legal help based on the facts of your case.
If you decide to go to court, an employment lawyer can help you through the whole thing. They will fight for your rights, talk to the opposing side, collect proof, and put together a strong case on your behalf. Having a lawyer can make a big difference in your chances of getting a good result, whether you’re negotiating, mediating, or going to court.
An employment attorney can sometimes help you reach a fair settlement with your former boss or their insurance company. Keep in mind that regulations and laws can be different in different places, so it’s important to talk to an employment attorney who is familiar with the laws in your area. Read more here for information on how to find and choose an employment attorney.
File a Workers Compensation Claim
Many jurisdictions have deadlines for reporting injuries at work, so it’s important to tell your employer as soon as possible. Make sure to describe the damage, how it happened, and if there were any witnesses. Reporting the accident as soon as possible helps create a record of what happened.
Your employer should give you the forms you need to file a claim for workers’ compensation. Depending on where you live, these forms may be different. But they usually include an employee claim form or an event report. Fill out the forms and give all the details asked for.
Challenge the Termination if Appropriate
In some places, you may be able to file a claim for wrongful termination if your job was terminated because you filed a workers’ compensation claim or because an accident on the job left you disabled.
If you want to challenge the termination, it’s important to follow any legal steps and deadlines. This could mean meeting filing deadlines, meeting administrative requirements, or taking other steps that your lawyer or local laws outlined. If you don’t follow these steps, it might harm your case.
I Got Hurt at Work and They Fired Me: Understanding Your Rights
Based on your rights, there is no one-size-fits-all approach to dealing with workplace injuries. Depending on the circumstances of your departure, you may need to seek legal action to ensure you get the justice and compensation you deserve.
Don’t be afraid to speak up and take the steps necessary to protect your rights. If someone you know told you “I got hurt at work and they fired me,” you can advise them to seek experienced legal counsel immediately.
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