Initiating a worker’s compensation claim in Alexandria, Virginia is the right of every worker who suffers a job-related injury. This means that employers cannot take adverse actions against an employer for seeking workers’ comp benefits. Under state law, employers cannot termite the employment of an injured employee for reporting a job-related injury or illness, filing a worker’s comp claim, having an approved claim, and getting worker’s compensation benefits.
If you have filed a workers’ comp claim and are being treated unfairly or fired from work, call an Alexandria workers’ comp attorney for legal guidance. Your attorney can help you prove the actions of your employer were illegal.
What to Know About Workers’ Compensation
If you have sustained injuries at work, you are eligible for benefits through your employer’s workers’ compensation insurance. These benefits can offer financial relief for medical bills and lost wages. Employers in Virginia are not allowed to fire an employee out of retaliation for initiating a worker’s comp claim.
Proving Wrongful Termination
Your employer will not make it obvious that they fired you because you filed a claim. They might claim you did not have good work performance or that they had layoff plans not relevant to your claim or injury. Your lawyer can collect evidence to prove that your termination directly resulted from your decision to seek worker’s comp benefits. They will collect your yearly performance reviews, job history, and other evidence.
Is Your Position Safe After an Injury?
While you cannot be fired for initiating a workers’ comp claim in Alexandria, your employer is not obliged to keep your position as you recover from your injury. As a business owner, your employer needs to keep their operations running smoothly and find somebody to fulfill your duties. Thus, you could be assigned different job duties when you return.
In addition, your employer can fire you if you can’t perform your role’s vital functions. However, your worker’s comp benefits continue until you are fully recovered or receive all the necessary medical treatment. Additionally, if you cannot perform your previous duties, you can take advantage of training and education benefits to gain qualifications for a new position.
Tips for a Successful Claim
Although your employer cannot fire you for filing a claim, they have some tricks to put you in an unpleasant situation. A lawyer can help you get your job back or bring a wrongful termination lawsuit.
It is also important to remember that communication is key to the success of your claim. Update your employer about your progress and submit the necessary documentation. This way, your employer and HR department have up-to-date information about your medical recovery. This can inspire goodwill and encourage your boss to give you accommodation beyond what the law requires.
