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Can I Be Fired For Filing A Workers’ Comp Claim?

Chris Sep 26, 2017
workers-compensation

Workers’ Compensation Retaliation Is Illegal

Any employer that fires an injured worker because of a workers’ compensation claim is civilly liable and can be sued for discrimination. Essentially, we could file a disability discrimination claim or related claim against your employer if you are fired because you pursued workers’ compensation. Such an action may also be a violation of the federal Family and Medical Leave Act (FMLA).

Schwartz Law Firm LLC will intervene if your employer takes any adverse action for filing for workers’ comp. We represent workers across Louisiana, with offices in Metairie and Baton Rouge.

An employer cannot fire you or harass you for getting injured on the job. Our attorneys will take them to court and win.

You Can’t Be Terminated For Workers’ Compensation

Termination for filing a work injury claim is illegal under state and federal laws. The employer could be liable for back pay and front pay (future wages and benefits), as well as damages for emotional distress, plus attorney fees and civil penalties.

It must be noted, however, that if you decline vocational rehabilitation benefits or an offer of employment once you are ready to return to work, you may lose additional workers’ compensation benefits that you would otherwise be entitled to receive. Returning to full-time vs. part-time work could also affect your benefits.

Harassment Due To Your Workers’ Compensation Claim

If you are harassed in any way for filing a work injury claim, whether by your employer or co-workers, you may also have grounds for civil action. If you do suffer harassment or retaliation when you return to work, it is important that you note the dates, times and circumstances of the harassment. Your employer cannot force you to resign or create a hostile work environment based on your workers’ compensation claim or any other potentially discriminatory factors.

Speak With One Of Our Attorneys To Fully Understand Your Rights

So, no, you cannot be fired for filing a workers’ compensation claim in Louisiana. If you are terminated, we will help you sue your employer on appropriate grounds and for maximum damage and loss compensation. We will do the same if you are harassed or subjected to a hostile work environment.

Please call us at 504-837-2263 , or contact us online, to schedule a FREE initial consultation with one of our lawyers. We are available 24/7 by phone and email, and we will fight for your secure possible outcome in your workers’ comp claim.

About Author: Chris

Christopher-Schwartz-Attorney-Louisiana
Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.