Can I be terminated for filing a workers' compensation claim?

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Updated: 4/13/2007 3:37 pm
It is unlawful under the workers' compensation laws of every state for an employee to be fired for filing a workers' compensation claim. Generally, employers won't terminate you for filing a claim, because while state laws vary, the employer's insurance usually pays the claim. State laws prohibit an increase in the employer's premiums. Even if you are fired, that won't eliminate the employer's obligation to provide you with benefits. It is also against the law for an employer to suspend or otherwise discipline an employee for filing a claim. Federal laws, including the Americans with Disabilities Act, also prohibit termination of injured workers. If you believe that you have been discriminated against for filing a claim, you should contact the Workers' Compensation Commission in your state. For information on the Americans with Disabilities Act, you can talk to your local office of the EEOC, The Equal Employment Opportunity Commission. You should also consider hiring a workers' compensation attorney if you have been fired, suspended, or otherwise disciplined for filing a workers' compensation claim. For more information, contact an attorney knowledgeable in worker's compensation laws.

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