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.

RSS Blog – Nelson & Smith Attorneys at Law

  • Industries with Significant Risks of Fall Accidents
    There is no good place to experience a serious accident, but incurring an injury at work can lead to some significant challenges. Working through the workers’ compensation claims process in Macon, Georgia, can be complicated and confusing. Depending on your employer, many companies will fight to reduce the compensation you’re awarded in order to keep […]
  • Truck Drivers Who are Under the Influence of Marijuana
    Over the last few years, many states have started to legalize marijuana. While there are arguable pros and cons to legalization, one of the challenges is identifying a driver who is under the influence of drugs while driving. Truck drivers are in an interesting position, as they travel across the country on a regular basis. […]
  • Injuries Associated with Explosions
    Explosion accidents that occur on the job in Georgia are unfortunately all too common. Some workers, depending upon where they work, are more at risk than others. Workers who are most at risk for suffering injuries in an explosion accident include mine workers, gas and oil workers, power plant workers, underground cable and sewer repair […]
  • Car Wrecks Involving Ridesharing Vehicles
    Now more than ever, people rely upon ridesharing vehicles and companies, like Uber and Lyft, for transportation – especially in urban areas. However, these vehicles can still be involved in serious motor vehicle collisions. In some instances, the driver of the ridesharing vehicle might be to blame, while at other times, another motor vehicle driver […]