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Can my employer fire me for filing a workers comp claim?

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Gus3333

Guest
What is the name of your state? New Hampshire

I was injured while doing my job at work. We were given no protective gear and I was injured because of that. They sent me to a doctor who told me to take several days off. No permanent injury occurred that would have affected my job after I returned to work. After I returned and had worked a few days I was fired. My boss said I ruined his safety record. Can they do this?
 


cbg

I'm a Northern Girl
We're walking a fine line here.

If you were fired because you filed a worker's comp claim, that's a violation of public policy and not legal.

However, if you were fired because you violated safety procedures resulting in injury, I believe that's acceptable.

Beth?
 

Beth3

Senior Member
Agreed. I expect all 50 States' WC reg's prohibit retalliation for filing a worker's comp claim. But it is perfectly lawful to discipline or terminate an employee for violating a safety rule or behaving foolishly and in a manner that results in an injury.

Gus, what type of protective gear do you believe you should have been issued and how were you injured?
 
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Gus3333

Guest
I should have been issued safety googles because I was loading gravel into a dump truck to take to a job site. The wind was blowing and I had a piece of gravel (blown by the wind)scratch my eye.
 

Beth3

Senior Member
It's not illegal to discharge an employee for failing to follow safety rules or procedures (regardless of whether an injury occurred) but that doesn't appear to be what took place here. They didn't provide you with goggles nor, I presume, inform you they were required. Consequently, it's only fair to assume they terminated you in retalliation for being injured.

You can either call your State's Worker's Compensation Division, speak to a WC attorney, or do both and then decide what to do.
 

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