Can I Be Fired for Hiring a Workers’ Comp Lawyer? Know Your Rights

Workplace injuries are more common than you might think. If you’ve been hurt on the job, you might be considering filing a workers’ compensation claim. But many employees worry: “Can I be fired for hiring a workers’ comp attorney?” The short answer is no—but there’s more you need to know to protect your rights.

Understanding Workers’ Compensation

Workers’ compensation is a system that provides medical benefits and wage replacement to employees injured in the course of employment. It’s designed to protect both employers and employees. However, some employers may not be thrilled when an employee hires legal representation. That’s why it’s important to know your legal protections.

Retaliation Is Illegal

Federal and state laws prohibit employers from retaliating against employees who file a workers’ comp claim or hire a workers comp attorney. Retaliation can take many forms, such as termination, demotion, reduced hours, or harassment. If your employer takes any negative action against you because you sought legal help or filed a claim, they could be violating the law.

Why Hiring a Workers Comp Attorney Makes Sense

Hiring a workers comp attorney helps level the playing field. Insurance companies have legal teams, and their job is to minimize payouts. Your attorney ensures that your medical bills are covered, your benefits are fair, and your rights are upheld throughout the process. Just as importantly, having legal support can discourage employers from engaging in unethical behavior.

What to Do If You’re Fired

If you believe you were fired for hiring a workers comp attorney, document everything. Keep emails, texts, and any other records of communication with your employer. Then, report the retaliation to your state’s labor board or consult an employment law attorney. You may be entitled to reinstatement, back pay, or additional damages.

Stay Informed and Protected

Knowledge is your best defense. Many workers avoid filing a claim or getting legal help because they fear losing their jobs. But remember, your employer cannot legally fire you for asserting your rights. If they do, they can face serious consequences. Don't let fear keep you from getting the help you deserve.

FAQs

Q: Can I be fired while on workers’ comp?

Yes, you can be fired while on workers’ comp, but not because you filed a claim or hired an attorney. Employers can still terminate employees for legitimate reasons, such as poor performance or company layoffs.

Q: Will hiring a workers comp attorney make my employer angry?

Possibly—but that’s not your concern. You have a legal right to representation. A good employer will respect that. If they don’t, that may be a sign you especially need legal protection.

Q: What should I do if I feel I’m being retaliated against?

Document everything and contact a legal professional immediately. You can also report retaliation to your state’s labor department or workers’ compensation board.

Q: Do I need an attorney for a minor injury?

Not necessarily. But if your injury leads to long-term issues, high medical bills, or you encounter pushback from your employer or insurance company, consulting a workers comp attorney is a wise move.