If you file a worker’s comp claim, can you be fired from his company with no explanation?

My boyfriend got hurt on the job and went straight to the doctors and filed for workers comp. He gave all paperwork to his company and went to every doctors appointment but was unable to work. They denied his workers comp pending a medical record. He was told his claim was still opened. While doing this his company fired him and did not give a reason.

Asked on August 26, 2011 Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can't be fired *because* you filed a worker's compensatioin claim. But you can be fired or laid off for unrelated but valid reasons, such as a restructuring, downsizing, performance issues, violations of workplace policies, insubordination, etc.

So the issue is why your boyfriend was fired. If he thinks it may be an improper firing, he needs to either contact the department of labor and/or consult with an employment attorney who--if he or she thinks there is a case--can file an illegal termination claim. It may be necessary to insitute some legal proceeding to get access to records, etc. about why your boyfriend was fired, since a company is not generally obligated to share their reasons for termination, etc. with employees. Good luck.


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