Can I be Fired for Filing a Workers' Compensation Claim?
Employees should not have to face the fear of being fired for filing a workers’ compensation claim. Nebraska law entitles you to workers’ compensation benefits for job-related injuries, and you should never hesitate to exercise these rights. Your well-being should never be compromised for seeking the support and benefits you rightfully deserve.
At Andres Law Offices, we understand how distressing it can be to be fired or fear being fired for filing a workers’ compensation claim. Our Omaha workers’ compensation attorney can pursue the benefits you deserve and ensure you know your rights to benefits without retaliation.
Understanding Your Rights as an Injured Worker
Nebraska law protects employees who have been injured on the job and ensures that they receive the necessary benefits to cover medical expenses and lost wages. However, some employers may resort to wrongful termination or retaliation against employees who seek workers’ compensation benefits.
The law prohibits employers from retaliating against workers for pursuing workers’ compensation benefits in good faith. Retaliation can take many forms, including wrongful termination. Any retaliation can be costly, both financially and regarding your career path.
If you believe your employer fired you because you filed a claim, immediately consult our workers’ compensation law firm in Omaha, NE. We can assess the best course of action in this stressful situation.
What if You Cannot Perform Your Job Due to Your Injuries?
If you cannot perform your job duties due to work-related injuries, seek legal guidance promptly. Your employer may not have the right to terminate you solely for filing a workers’ compensation claim. However, termination can be lawful if you can no longer do the job you previously did. Your employer can also terminate you for legitimate business reasons unaffiliated with your injuries, such as company restructuring or wider-scale layoffs.
Be aware that some employers use pretextual reasons to fire injured workers after they file a claim. Discuss your termination with a lawyer to determine whether it was lawful or not.
Can You Receive Workers’ Compensation Benefits after Being Fired?
If you were fired for a legitimate reason, you might have many questions about your future benefits. After termination, you may still be eligible to receive benefits for ongoing medical care and wage loss. In most cases, being terminated does not automatically disqualify you from receiving compensation for your work-related injury.
In most cases, your benefits may continue until you reach maximum medical improvement (MMI). If you need significant future medical care, your workers’ compensation lawyer might suggest seeking a lump-sum settlement. This settlement must be adequately pursued and approved by the court in Nebraska, so having the correct legal representation is imperative.
Consult Our Work Injury Attorney Today
If you are an injured worker in Omaha, NE, and are concerned about facing retaliation for filing a workers’ compensation claim, don’t hesitate to reach out to the dedicated team at Andres Law Offices. Our experienced Omaha work injury attorney is here to advocate for your rights and ensure that you receive the benefits you deserve. Contact us today online at 402-491-4003 for trusted legal support.