Can You be Fired for Filing a Worker’s Compensation Claim?
It is a harrowing statistic, but workplace injuries occur everyday. OSHA, the Occupational Safety and Health Administration, found that more than 2.8 million workplace injuries occurred in private industry in 2019 alone. Still, there is much confusion about protocol to adhere to if you are injured at work. Similarly, many workers have questions about their job status and retaliation from management after they have filed a claim. Can your employer fire you for filing a worker’s compensation claim? What if you need accommodations or can no longer complete similar tasks prior to your injury?
Protections for Injured Workers
Injured workers in Utah, Idaho, and Wyoming must adhere to each state’s process for filing a claim. At a minimum, an injured worker should notify their employer as soon as possible of the date of the injury and a description of how it occurred. Once the employer has knowledge of the injury, they can report it to the Commission. In Idaho, the Industrial Commission regulates worker injury claims. They verify that employers maintain workers compensation insurance for all employees and notify employees about the procedure for filing a claim. They also handle disputes between employees and their employers. Workers are paid a rate set by the Commission. The rate is based on the nature of the injury, which joints, digits, or organs are affected, and to what degree. Disability is based on total or partial and temporary or permanent injury. Employers that fail to carry workers’ compensation for their employees can be held liable for all damages resulting from the injury including a worker’s lost wages, medical bills, rehabilitation fees, and in some cases, pain and suffering.
Retaliation is Illegal
Employees cannot be fired or laid off for reporting a workplace injury in Idaho, Wyoming or Utah. Doing so would be considered retaliation and should be reported to the EEOC, Equal Employment Opportunity Commission. If you were fired for reporting a workplace injury, you should contact an employment law attorney as soon as possible.
Employees also cannot be fired for being unable to complete tasks that were previously assigned to them. Employers must find accommodations for the employee once they return to work. Employers also cannot lower an employee’s pay simply because they were injured and must take time off from work to recover. However, if an employer believes the claim is not legitimate or that the injured worker is not suffering from a temporary total disability, they can challenge the claim with the Commission. If you were injured at work and have been treated differently by your boss, your boss has threatened to fire you, or you have been notified that your claim is under investigation, you need legal representation.
Call Our Workplace Injury Lawyers Today
Our attorneys at Rocky Mountain Personal Injury Center only represent injured workers and plaintiffs. We are not retained by large companies and employers looking to get out of paying a worker’s legitimate claim. Rather, we go to work fighting for the benefits and compensation you need to pay living expenses and medical bills. No one goes to work expecting to get hurt on the job, but unfortunately it does happen. If so, your employer should be prepared and you must notify them of an accident. But, under no circumstances should you be fired for reporting a workplace injury. If you were injured at work and have questions about filing a claim, or your claim was denied, call our litigation attorneys at Rocky Mountain Personal Injury Center. We are conveniently located in Logan, Utah, and serve clients in Wyoming and Idaho, as well. Call today to schedule a consultation.
