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Moncks Corner Legal Issues Blog

Is your termination after a work injury legal?

You recently injured yourself at work. Thankfully, your employer has workers’ compensation, but you just learned you no longer have a position with the company. Was your termination legal?

To get an idea of the full scope of the legal case you have on your hands, see what Chron says on the matter. You may have the right to regain your job and protect your finances.

Employer’s rights

Depending on your employment contract, you may have at-will employment. That means that the company can terminate you for any reason. Did you sustain your injury by engaging in an act forbidden by company policy? If so, your employer did nothing illegal in firing you. Look at your contract for your most recent employment terms.

You may have sustained your injury during a round of layoffs when company workplaces shuttered or during department closures. These are legal grounds for employee termination.

If you can no longer perform the duties of your position after you have recovered from your injuries and your employer does not have a position for you, you may not be able to keep your job. However, your employer must make accommodations if you can still work with some reasonable modifications. For example, if you need a wheelchair accessible work station, your employer should provide it.

Employer retaliation

Just as your insurance rates may increase after an auto accident, the same applies to workers’ compensation premiums for employers after an employee sustains an injury. To staunch the financial bleeding, some employers illegally fire or discriminate against injured workers. You may have grounds to pursue legal action if you can prove retaliation.