Can I be fired because I filed a workmans’ compensation claim or miss work due to the injury?
Answer: Everything relies on upon one significant word: “because.” If your boss laid you off in light of the fact that you were on workers’ compensation paid leave, that may for sure be an instance of retaliation. In any case, if your manager would have laid you off regardless of the fact that you were still at work, the way that you are on laborers’ comp leave doesn’t shield you from cutbacks. On the off chance that that sounds like lawful hairsplitting, read on.
All states have laws that restrict bosses from retaliating. A business can’t terminate, downgrade, lay off, or generally harass such representatives since they are practicing their rights under the workers’ comp framework. A representative who has been the casualty of unlawful retaliation can sue over this and win.
Be that as it may, no law obliges managers to give uncommon treatment to representatives since they’re on workers’ comp take off. A business can terminate a representative for poor execution regardless of the fact that the worker has recorded a workers’ comp claim. What’s more, a business can incorporate an employee in a cutback if the business had an explanation behind the determination disconnected to the worker’s specialists’ comp claim and leave.
On the off chance that you trust you may have been focused for the decrease in workforce particularly in light of the fact that you were on workers’ comp leave, contact us to determine your rights.