Usually, workers who are involved in a workplace accident that threatens their safety should report and file a workers’ compensation claim. But many victims do not report it as they are afraid of losing their jobs. In fact, some employers may frown upon those who file worker’s comp claims. If you have been injured after a workplace accident and have to take some time off of work, there’s no guarantee that you can return to your position following your recovery. However, the law does not allow workplace discrimination. An attorney who specializes in this kind of case protects your rights and assists you with the claims process.
Can Your Employer Fire You for Filing a Claim?
Harassing, retaliating against, or firing an employee who files a workers’ comp claim is not lawful. If you believe you have been wrongfully terminated due to your claim, report this to the Equal Employment Opportunity Commission or the Washington State Human Rights Commission. Your employer can face discrimination charges if they are found responsible for terminating your job due to your claim filing.
That said, you must not be hesitant in filing for the monetary compensation you are entitled to. Discrimination is a severe offense that can cost employers significant money. A lot of these cases can end up in court.
Should Your Employer Keep Your Position for You?
Under the workers’ comp law, employers are not obliged to keep your position open for you while you recover from job-related injuries. But if you sustain a severe medical condition, you are entitled to unpaid leaves of up to twelve weeks per year.
The majority of workers allow their employers to return to their job after a work injury. However, you should keep in contact with your attorney to determine your job’s status. Often, if the position is no longer open, you can talk to your employer about a new position to accommodate your condition.
Can a Partial Disability Prevent You from Working?
A partial disability can leave you unable to do the same type of work as before, lowering your possible income. This means you can still work despite such a disability. You must find or accept jobs to ensure you don’t end up being unemployed. After you suffer from a partial disability, contact your employer to know if you can return to the position that you left open as you recovered from a workplace injury. But make sure to tell them about the changes that can be made to allow you to do your job. Also, your employer can offer you a new position to help you have a smother return. If you earn a lower wage from this position, you may be entitled to reduced earnings.
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