I get this question all the time. The answer reminds me of Reverend Lovejoy on the Simpsons when Flanders asked him if God was punishing him – “Short answer ‘yes, with an if’, long answer ‘no, with a but’”.
Short answer – they can’t fire you for filing a workers comp claim (or talking to an attorney, etc).
DO NOT read that as “they can’t fire you.” They still can – just not for that reason.
Like I tell people, very few employers in this day and age are stupid enough to tell someone they are being fired for filing a workers comp claim, just like how very few employers would tell someone they were being fired for being black, pregnant, etc. But it happens.
Your employer can usually fire you for pretty much any reason they want to, and this isn’t any different if you file a workers comp claim. If you show up late, you can be fired. If you are a jerk, you can be fired. These things don’t change.
The key is why you were fired. A good attorney can help determine if you have a claim for retaliation against your employer after filing a workers compensation case.
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