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Wrongful Termination Protections In Workers’ Comp Retaliation Cases

Taking time off to recover from your workplace injury or illness is one thing. But if your company fires you after filing a workers’ compensation claim, you may have a valid wrongful termination case. Most state workers’ compensation laws include wrongful termination penalties for companies that retaliate against injured workers. In fact, employers caught doing this may face hefty fines, jail time, or both. But even though retaliation for filing workers’ comp claims is illegal in most states, it’s often hard to prove.

If you file a valid workers’ comp claim and lose your job shortly afterwards, listen up: You may need to sue your employer for wrongful termination.

Filing a Lawsuit If You’re Fired for Reporting Workplace Safety Violations

The Occupational Safety and Health Administration (OSHA) has regulations that protect employees from retaliation after reporting unsafe work conditions. But they also detail who can and cannot immediately sue for wrongful termination over a workers’ comp claim.

If you work in any industry listed below, wrongful termination laws should protect you from getting fired for anonymously reporting workplace safety violations:

In addition, the same protections should apply for injured employees who file workers’ compensation claims.

Wrongful Termination for Workers’ Comp Claim Filers: Who Else Can Sue?

While OSHA protects those listed above, others can also sue for wrongful termination. However, it may be harder to prove. Here are some suggestions:

Related: Your Guide to Federal Workers Compensation Benefits

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