Man sues for being fired shortly after filing workers’ comp claim
Let’s say that you have been working for the same company in Denver for a long time, and one day you are injured on the job. The injury is severe enough that it hampers your ability to work for an extended period, during which time you need some financial help because, well, you can’t work. So you file a workers’ compensation claim and you expect that everything will be worked out appropriately, and soon.
But just a few days later, you are informed by your employer that you have been fired. You’re left stunned and angry, and you can’t help but feel that your workers’ comp filing had something to do with this nefarious move by your now-former employer.
A similar situation to this played out for a hotel worker who was assaulted on the job. He was working with a woman whose husband kept calling the hotel and harassing the hotel so that he could speak to his wife. Somehow the matter escalated, and the woman’s husband came down to the hotel and assaulted the man. He filed a workers’ comp claim because of the incident. He was fired soon after he filed the claim.
It is important to know that being fired simply because you filed for workers’ compensation is a violation of labor law. These offenses, sadly, happen more often than they should, and the victims who are just seeking some financial help in the form of workers’ comp can file a lawsuit against their former employers for their negligent personnel decision.
It is also important to remember that your workers’ comp claim may be denied under appropriate circumstances. In such a case, the filer needs legal representation to help him or her file an appeal.
Source: West Virginia Record, “Motel worker says he was wrongly fired over workers’ comp claim,” Melody Dareing, April 14, 2014