Sustaining workplace injury or illness puts everything at stake for the worker. Besides, physical injuries also add emotional and financial burden over the victim’s head. Fortunately, the workers are protected with the workers’ compensation insurance which offers monetary compensation for all the medical expenses and lost wages without proving anyone’s fault.
However, often the victims are scared to file for workers’ compensation, thinking that their employer will terminate them from the job. The fear of losing a job gives rise to many victims having plenty of misconceptions about the laws. After getting injured at work, you can consult a workers compensation lawyer in phoenix who can guide you about the legalities revolving around workers’ compensation laws in the state.
Is your employer allowed to fire you?
Arizona is an at-will state which means employers are allowed to fire you without any specific reason. However, certain laws prohibit unlawful termination of the workers. One of them includes retaliation, meaning your employer cannot fire you just because you filed for workers’ compensation or sustained an injury.
Secondly, if you get permanent disability due to your work-related injury, the employer must provide all the necessary accommodations for the injured workers. Furthermore, the employer cannot fire someone for discrimination, such as the employer belonging to a specific race or gender.
Lastly, breach of contract also falls under unlawful termination. It is the employer’s responsibility to ensure that the contracts contain valid information about workers’ compensation benefits and their norms.
When can the employer terminate you?
The laws treat everyone equally, which means the rules must be fair for the workers and employees. While the employer cannot fire you based on discrimination, retaliation, and breach of contract, there are various instances where an employer may fire you. Some of these include:
- The injured workers cannot perform their duties as they did before sustaining the injury.
- A small business that is unable to handle the work without the same position as the injured workers were prior.
- The employer does not have enough financial capabilities to fulfill accommodations.
- The organization does not have other small or lightweight jobs for the injured worker.
What to do if your employer fires you for filing workers’ comp?
Contact a lawyer if you believe you were fired after filing workers’ compensation or sustaining a workplace injury. A lawyer will help decide if your termination falls under wrongful termination, gather evidence, and protect your legal rights to get a favorable outcome.
