Fired After A Work Injury Your Legal Rights Protections Explained

Bonisiwe Shabane

-Nov 2, 2025, 11:07 AM

fired after a work injury your legal rights protections explained

One concern many workers have after getting hurt at work and pursuing a claim for workers’ compensation benefits is whether or not their employer can retaliate against them for doing so. Many injured workers who end up placed on light duty work restrictions then wonder, “Can I be fired for work restrictions?” Fortunately, there are legal protections in place that prohibit employers from retaliating against injured workers with wrongful termination due to work injury. Staying informed about your legal rights when it comes to workplace injuries can help you ensure that you are treated fairly, and help you recognize any issues right away so that you can retain... At the Law Firm of Kneisler & Schondel, our legal team recognizes the importance of California employees understanding their legal rights in the workplace. A common question injured workers tend to ask when learning about the process of filing a claim for benefits is, “Can I get fired for getting hurt at work?”

It is illegal for employers to fire employees for filing a legitimate claim for workers’ compensation benefits. However, it can still happen. If you have been injured in the workplace and you are worried about your employer retaliating against you, the Law Firm of Kneisler & Schondel is here to help. Attorney Matthew. A. Schondel has decades of experience helping injured workers in the state of California fight for the workers’ compensation benefits that they deserve.

Call our office today at 707-542-5132 to schedule a consultation to learn more about how we can help you pursue workers’ compensation benefits for your work injury, or help you take legal action against... Workers in California have certain legal protections in place that their employers must honor. Some of these legal protections are in place due to federal laws and regulations. Other legal protections designed to help workers in California are in effect based on state laws and regulations. In California, both federal and state laws protect workers in many different ways, including the following: Explore your legal options if you've been fired after a workplace injury, including wrongful termination and workers' compensation rights.

Experiencing an injury at work can be a challenging ordeal, and facing termination shortly afterward adds complexity. Understanding the legal options available is crucial for individuals who find themselves in this situation. This topic touches on workers’ rights and employer responsibilities, essential components of fair employment practices. Wrongful termination occurs when an employee is dismissed in violation of legal or contractual obligations. Being fired after a workplace injury often intersects with state and federal protections. The Americans with Disabilities Act (ADA) prohibits discrimination against employees with disabilities, including temporary disabilities resulting from workplace injuries.

Termination based on an injury may violate the ADA if the employee can perform essential job functions with or without reasonable accommodation. The Family and Medical Leave Act (FMLA) further protects eligible employees by allowing unpaid, job-protected leave for serious health conditions. Termination during FMLA leave may be wrongful unless the employer has a legitimate, non-discriminatory reason. State laws often provide additional protections and remedies. Employment contracts and collective bargaining agreements may also protect employees from termination without just cause. Violating such agreements can lead to breach of contract claims.

Employees should review their contracts to understand their rights. You never know when workplace injuries might strike. You’re performing routine tasks one minute and suddenly find yourself facing an injury that threatens your work capacity and finances while diminishing your quality of life. The United States reports nearly 4.7 million workplace injuries among workers every year. The statistics show a massive number of incidents which proves how frequent work-related injuries take place. Understanding your legal rights becomes essential after a workplace injury to help you get the compensation and medical treatment you deserve.

Workplace injuries represent actual people who encounter substantial obstacles. The United States saw a total of 5,283 fatal work injuries in 2023 which represented a 3.7% decline from the previous year. The workplace fatality rate decreased to 3.5 deaths for every 100,000 full-time employees. The effects of workplace injuries reach beyond mere statistics to impact many aspects of lives. They affect workers’ livelihoods, families, and futures. It’s especially troubling that specific groups encounter increased risks.

Black and Latino workers, along with other workers of color experience increased rates of job-related fatalities compared to workers from other ethnic backgrounds. The 2022 workplace fatality rate for Latino workers reached 4.6 deaths per 100,000 workers which exceeded the national average fatality rate by 24%. Grasping these workplace realities explains why understanding your rights after a workplace injury becomes essential especially for high-risk industry workers or vulnerable demographics. Employers in every state are required to provide their employees with a reasonably safe work environment, but work-related injuries happen—everything from broken bones to repetitive stress injuries, and even illness or disease linked to... In this article, we'll look at workers' rights when they're injured on the job, including options both inside and outside of the workers' compensation system. The first thing to do when it comes to protecting your rights is to report your injury to your employer.

Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident. The sooner the better. Learn more about what happens when you're late reporting a workplace injury. The next step you can take to protect your rights is to file a workers' compensation claim with the workers' compensation court or industrial court in your state. This puts your employer, the court, and your employer's insurance company on formal notice of your injury. Once your claim is filed, certain automatic protections are immediately put in place, and we'll look at those in the next section.

The general rule is that if you're hurt on the job, and your employer has workers' compensation insurance (as almost all do), you can't sue your employer for your injuries. Instead, you'll file a workers' compensation claim. This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Question from Ro, What Are My Legal Options If Fired After a Work Injury? If you were fired after three months with no notice due to being considered a “liability” from a work-related injury, you may have several legal options to explore. Here’s a general overview of the steps you can take and the laws that might protect you. In the United States, several laws protect employees from being unfairly terminated, especially in cases involving work-related injuries. Here are some key laws and regulations: If you believe your termination was unlawful, consider taking the following steps:

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203 Workers compensation benefits can be awarded to injured workers who experience a workplace injury. However, in some instances, a work related injury may prompt an employer to fire an employee for a work injury so they can evade health insurance premiums, the workers compensation system, and paying medical... Workers’ compensation issues are best left to an employment law attorney; workplace accident lawyers know the ins and outs of the law and can help injured workers – or fired workers – pursue the... Here’s what any injured employee should know. Employment laws can vary greatly depending on your jurisdiction, so it’s crucial to consult with a legal professional who is familiar with the laws in your area.

Yes, you can sue your employer if you were fired after getting injured on the job, particularly if you can demonstrate that your employer acted negligently, recklessly, or with intentional misconduct. This legal action can potentially result in damages greater than what would typically be available through workers’ compensation. However, the exact laws and regulations vary by country, state, or region. Work-related accidents are unfortunate incidents that can happen to anyone. They raise concerns and questions regarding job security and legal rights when they occur. One of the inquiries frequently posed by injured workers is, "Can I be terminated for getting hurt on the job?"

This article delves into the safeguards for injured employees, employer obligations, and steps workers can take to protect their rights. Work-related injuries can range from cuts and bruises to severe events such as fractures, burns, or life-threatening situations. They can occur in construction sites, offices, or retail establishments. The repercussions of injuries can be both physical and financial, potentially resulting in time off work and substantial medical costs. Numerous laws and regulations exist in the United States to safeguard employees who sustain work-related injuries. Familiarizing oneself with these protections can assist injured workers in managing their circumstances.

While the above mentioned laws provide significant protections, they do not make employees completely immune from termination. Here are some important considerations: Wrongful termination happens when your employer fires you for an illegal reason. Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you: Termination could also be considered wrongful if your employer fired you but did not follow their termination policies.

If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections. Report your termination to the Occupational Safety and Health Administration (OSHA). Find instructions for filing a whistleblower complaint.

Fired After A Work Injury Your Legal Rights Protections Explained

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