“Can I be fired for making a Worker’s Compensation Claim?”
The short answer is no. But there are many practical problems making a claim against an employer who may fire an employee for filing a Worker’s Compensation Claim.
First, the burden of proof is on the employee (not the employer) to prove discrimination. (In Worker’s Compensation, the employer has the burden to show the employee is NOT covered by Worker’s Compensation.) This is a significant problem, because the employee would need to show some kind of evidence demonstrating discrimination.
Second, employers are not required to keep a position open for an employee who is out on a Worker’s Compensation Claim. If you work for a small businesses, then you may not covered by the federal Family and Medical Leave Act (FMLA). If you work for a larger business you are probably covered by FMLA which means that your employer cannot fire you for being absent due to a serious health condition which keeps you from working 12 weeks out of a 12 month period.
Third, if you work for a large business and you are out more than 12 weeks, then the employer does not have to keep your position open. The only exception would be if the employee is covered under a union contract which protects the employee’s job beyond 12 weeks.
All discrimination claims should be made within 2 years from the date of discrimination with the Worker’s Compensation Board.
