Free Case Evaluation

Only pay if we win your case

Request free consultation

Can you get dismissed while on Workers’ Compensation?

Published in Workers Compensation on September 25, 2018.

Workers’ compensation is seen by most employers and employees as a safety net administered in each state to provide support for workers unable to work because of an injury. By the first week of September in the state of South Carolina, the total Part B and E total medical bills paid had reached more than $272 hundred million in medical bills alone, according to the U.S. Department of Labor. Working with Blake Smith from the Nelson & Smith law firm is a great way of protecting yourself during any worker’s compensation claim.

The legality of dismissal during a workers’ compensation claim

The main question anybody considering filing a workers’ compensation claim will ask themselves is, “can I be dismissed while on workers’ compensation?’ A problem many workers face is the fear they will lose their position with an employer if they file a claim following a work-related injury. The fact is, this is something of a gray area for most legal experts, employers, and employees. Most legal experts, such as Blake Smith will look through the wording of state-level legislation to see if any worker has been unfairly dismissed.

However, the plain answer to the question is no, an employer may not terminate the employment of an employee who has filed a workers’ compensation claim. Firing an employee solely because they have filed a workers’ compensation claim is known as retaliatory termination and is grounds for an unfair dismissal claim.

Type of employment

There are two types of employment in the U.S., which provide workers with different rights over the course of their employment. The two forms of employment are at-will and contracted, with at-will employees capable of having their employment terminated at any time. Contracted employees have more rights and their termination must fall within those stated in their contract.

Proving unfair dismissal

The majority of employers have grown aware of the problems surrounding the dismissal of employees on workers’ compensation. Most employers will make it difficult for a legal expert to find the true reason for a dismissal by finding different reasons for termination from within a contract. Nelson & Smith are legal experts who look at how other employees have been handled during similar disciplinary actions to compare with the employee claiming workers’ compensation. If an employee claiming workers’ compensation is treated differently from other employees, the chance to claim for unfair dismissal is high.

Blake Smith of the Nelson & Smith firm has a large amount of experience in dealing with unfair dismissal and workers’ compensation claims. If you are concerned you have been dismissed solely because of a workers’ compensation claim, a call to Nelson & Smith should be made to explore the options this team of legal experts will present you with.

For more information on our Tifton Workers Compensation Lawyers, please visit our site.