Can an Employer Fire Me After I’ve Sustained a Work Injury?
In many cases, when an employer fires you after you have sustained a workplace injury, it could be a case of retaliation. Employees are protected under something known as the Americans With Disabilities Act (ADA), which means that an employer may have to give a disabled employee reasonable accommodations after they have sustained a serious injury and want to return to the workplace. Perhaps an employee, as the result of an accident, has trouble with walking, breathing, and sleeping. They may suffer from memory problems due to a brain injury or seeing problems if they were temporarily blinded. The court looks at how permanent or temporary your injury is, and whether or not it causes limitations on your life.
Many employers are required to give an employee reasonable accommodations so that they stand a chance to return to their field of work after an injury. An example of this is if you work in a job where you have to build parts all day, and occasionally lift things. Since lifting things is something you do on the side, another employee could handle that work. Your limitations say that you are not permitted to lift any longer. As a result, your employer may choose to accommodate you by not making you lift objects until you are better. Some other accommodations include things like making the workplace accessible to an employee, job restructuring, or switching an employee to part-time.
Unfortunately, some employees find that their job is too physically demanding when they have received a very serious injury, and they may find that it is virtually impossible for them to return. This is something you will speak about extensively between you and your employer. An employer is not permitted to deny you your position just because they believe that you are a “liability now” and must give you a fair chance: point blank.
Can an Employer Retaliate After Workers’ Compensation?
Unfortunately, much of the retaliation that takes place after a workplace injury is due to filing for workers’ compensation, which is unjust retaliation to take against an employee who has been injured. However, in every state, you have protections. An employer is not legally allowed to fire you after you have filed for workers’ compensation or taken charge to report your workplace injury. Sometimes, an employer will try to build a case against you by saying this is not the reason they are firing you, but instead offer that your employment has suffered or they didn’t have the means to accommodate you. This is why it is sometimes very difficult to prove these cases, especially without the help of an experienced attorney.
Do you believe that your employer has taken retaliatory measures against you just because you have sustained an injury in the workplace? In many cases, this could lead to a court action and you may be able to recover with the help of an attorney. At the Los Angeles Injury Group, we can help you every step of the way in your case. Call us today at 310-954-7248.