One of the more common questions that is asked regarding workers’ compensation is whether firing an employee for getting injured on the job is allowed. Unfortunately, in Massachusetts, there are no laws in place that prevent an employer from doing this. If you have lost your job after filing a workers’ comp claim, we are able to help. Contact our office today to schedule a free consultation and discuss your options.
Firing an Employee | Is It Legal?
The employer is entitled to replace an injured employer if they’re out for an extended period of time. There is a preference in rehiring, so if that employee was eventually able to go back to that job and the employer was hiring, they would have to give that employee preference over anyone else that hasn’t worked for them prior.
Firing an Employee | Employer Not Reporting an Injury
On the other hand, if you have notified your employer of a workplace injury you suffered and he or she did not report the injury to their workers’ comp insurance company, you may have a viable claim. For example, one of our clients had an employer who refused to give him an accident report form. If this happens, you want to seek the advice of an attorney. You can also file or contact the workers’ comp insurance company directly. That information is supposed to be posted visibly at your place of employment. If it’s not, you should contact an attorney that specializes in workers’ compensation in Massachusetts and have them handle it.
If you have been seriously injured on the job, please contact a dedicated Lowell workers’ compensation lawyer at the Law Office of Jeffrey A. Young today for a free consultation. Let our experience work for you.