Legal Rights & Options When Being Fired After Filing a Workers’ Compensation Claim
If you’ve been injured at work, you might be forced to take some time off for medical treatments and recovery. The loss of income during this time can be especially challenging. However, Nevada employees who are injured on the job have the right to pursue compensation for their injuries and losses.
Unfortunately, sometimes a person who files a Nevada worker compensation claim finds themselves terminated by their employer. Although this is against the law, it does happen, and you’ll need to work with your attorney to understand your legal options.
Injured & Terminated: What’s Next?
If you’ve been fired after a workplace injury or after filing a worker’s compensation claim, your termination may constitute wrongful termination under Nevada law. Nevada is an at-will work state, but this doesn’t mean that employers can terminate an employee at any time for any reason.
You cannot be fired:
- To avoid liability for a claim
- As retaliation for filing a claim
- As retaliation for seeking legal advice
You may be entitled to termination if:
- You violated safety policies before getting injured
- You fail to comply with company policy after your injury
- You do not notify your employer of a change in your health or ability to work
Your employer is not required to keep your position available for you if your injuries prevent you from performing the job. If you’ll be unable to work for an extended period of time, your employer has the right to fill your position with an able-bodied person. If you’ve been terminated after filing a worker’s compensation claim, It’s best to seek the advice of a Nevada personal injury lawyer to determine your next steps:
What Rights Do I Have?
As an employee in Nevada, your rights include:
- The right to seek medical treatment for your work injury
- The right to remain away from work until you are released to restricted duty or full duty by your physician
- The right to return to your job if your physician releases you to work
- The right to file a worker’s compensation claim or a workplace injury lawsuit
- The right to seek the counsel of an attorney
- The right to refuse offers from your employer to avoid filing a work injury claim
- The right to be free from harassment by your employer
If you were injured at work by someone other than your employer, for example, if you were hit by a negligent driver while on work duty, you may also be able to file a personal injury claim in addition to your worker’s compensation claim.
Can I Sue My Employer?
If your employer has worker’s compensation insurance, you generally cannot sue the company but can file a claim against their insurance company. You will only need to prove that you were injured while performing your job. If the employer’s intentional conduct caused your injury, talk with your Nevada worker’s compensation lawyer about other legal options you may have.
If your employer does not carry worker’s compensation insurance, you can choose to file a lawsuit against the employer if you can establish negligence or willful misconduct. You may be able to seek financial compensation for medical bills, ongoing medical and care expenses, pain and suffering, loss of income, disfigurement, loss of quality of life, and more.
What If I Am an Undocumented Immigrant?
Even if you are an undocumented immigrant, you have rights regarding workplace injuries and a right to a file a worker’s compensation claim or a personal injury lawsuit against your employer. If you file a work injury claim, your immigration status should not be an issue in the case. If your employer attempts to retaliate by reporting you to immigration officials, you may be protected from immigration proceedings during your injury claim. You’ll need to work with your Nevada personal injury lawyer for the best chance of winning your case.
Talk With an Experienced Work Injury Attorney In Nevada
The attorneys at Benson & Bingham Accident Injury Lawyers understand Nevada law and the challenges faced by people who have been injured in a workplace accident. Let us help you discover your legal options and rights, and assist you in seeking the compensation you need to recover from your injuries. Since 2004, we have settled over $215 million for our clients. Schedule your free, no-obligation consultation with us today. An attorney will answer your call personally!