James F. Aspell, P.C.: Navigating Workers' Compensation and Employment Laws
Under workers' compensation law and the Family and Medical Leave Act, there are significant limitations and often prohibitions on employers discharging injured employees. Nevertheless, scenarios exist where it's legally permissible for an employer to lay off or discharge injured workers. For example, if an employer had already planned to lay off an employee before their injury, being on temporary disability leave doesn't necessarily shield them from layoffs or termination.
It's crucial for employers to provide justifiable reasons for the dismissal or layoff of an employee, unrelated to their workers' compensation claim. This is especially pertinent given the rise in wrongful discharge and disability discrimination complaints and lawsuits against employers in Connecticut.
What to Do If You're Fired After Filing a Workers' Compensation Claim
It's illegal for employers to fire or lay off employees solely for filing a workers' compensation claim. Such actions might constitute illegal retaliation under federal law. The Connecticut Workers' Compensation Act also forbids employers from discharging or discriminating against employees for filing a claim or exercising rights under the act.
Often, employers won't explicitly state that a firing is due to a workers' compensation claim, to avoid potential lawsuits. If you suspect you're a victim of unlawful retaliation, it's advisable to gather evidence and consider legal action for wrongful termination.
Contact James F. Aspell, P.C. for Legal Support
If you suspect wrongful termination while on workers' compensation leave, consulting with an experienced workers' compensation attorney is a vital step. The team at James F. Aspell, P.C. will assess your case, clarify how the law applies to your situation, and ensure your rights are protected.
Facing denial of workers' compensation benefits? Let James F. Aspell, P.C. assist you. Contact us at 860-523-8783 or submit a FREE Initial Consultation Form. We specialize in workers' comp benefits claim denials and are committed to helping you secure the comprehensive compensation you're entitled to.