Employment Law

Workers’ Compensation Law

Can an employer fire an employee for filing a workers’ compensation claim?

They can but that would be unlawful. Most state high courts have explained that if an employer fires an employee for filing a worker compensation claim, then the employee can file a tort claim for retaliatory discharge. There have been many court decisions providing that employees can recover punitive damages (see chapter on Personal Injury Law) if their employer fired them for filing a legitimate workers compensation claim.


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