Can I Be Fired from My Job After a Workplace Injury?
At Silverman, McDonald & Friedman, we have represented injured workers in obtaining the benefits they need in order to provide for themselves when they are unable to work. If you wish to speak to one of our workers’ compensation lawyers in Newark, Wilmington or Seaford, please contact us and schedule your consultation today.
The answer to this question might sound a bit like splitting hairs, but here is how the Delaware workers’ compensation system works. Your employer may not fire you simply because you filed a workers’ compensation claim. That could be called retaliation, which is against the law. But, the law does not require your employer to hold your position open for your while you are out on leave or have an open worker’s compensation claim.
It is a common fear that might be keeping more employees from filing for workers’ compensation benefits in Delaware, but your employer is not allowed to fire you just because you filed a claim. They also cannot cut your pay or cause you to lose rank, or retaliate against you in any way after you have filed a claim. The Delaware workers’ compensation system is a no-fault system designed to provide coverage for all employees who suffer an injury or an occupational illness during the course of doing their job.
What if I am disabled after my injury?
When your workers’ compensation doctor informs you that you have recovered from your injury, which means that you have achieved maximum medical improvement (MMI), or your injury is not likely to improve even with more medical treatment, you will return to work. If your injury has left you with residual disabilities that keep you from being able to do your job, and your employer is unable to accommodate your new restrictions, they are allowed to terminate you.
If you are unable to do your job after you have reached MMI, you may be eligible for additional workers’ compensation benefits that could include a vocational retraining program where you would learn the skills for a new line of work that you would be able to do given the restrictions of your physical condition. You might also qualify for total disability benefits.
What if my employer fires me while I am out on disability?
Most employers are smart enough to not mention that they are letting an employee go because they are on workers’ compensation, because they know that this would leave them open to an illegal retaliation or employment discrimination lawsuit. However, if you believe that you are being fired in retaliation, you must find some tangible evidence that will support your claim.
An experienced, Delaware workers’ compensation attorney will represent your interests if you are planning to file a lawsuit against your employer, or if you are facing any kind of dispute with regard to your workers’ compensation claim.
Our Delaware workers’ compensation attorneys have been serving injured clients for a long time, and we know what it takes to build a successful claim. If you have been injured while doing your regular work tasks and have questions about the claims process, Silverman, McDonald & Friedman can help. To schedule your free consultation with an experienced workers’ compensation lawyer in Newark, Seaford or Wilmington, please call 302-888-2900, or fill out our contact form.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.