Can an Employer Refuse to Hire Me Due to a Prior Workers’ Comp Claim?

News features

Are you afraid to make a workers’ comp claim? Afraid your employer will fire you? Afraid another employer won’t hire you because of your workers’ comp claim?
Don’t be. Your have rights and are usually protected by the law.

Prohibited By State Law
Workers’ compensation law varies from state to state. Most states have laws prohibiting firing or demoting an employee in retaliation for a workers’ comp claim. Some even specifically forbid refusing to hire a prospective employee because a workers’ comp claim.
For example, Alaska law states, “An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits [for workers’ compensation].” In Illinois, it is illegal for an employer to ask a prospective employee about any prior workers’ comp claims. Vermont, Oregon, and Louisiana also have similar provisions.
Civil Claim for Wrongful Termination
Indiana, Iowa, and Kansas don’t have laws proscribing retaliation for making a workers’ comp claim. However, the courts in those states do recognize a wrongful termination claim. Usually, you have the burden of proving that the workers’ comp claim was the main factor for termination.
No Protection
Georgia, Mississippi, and Rhode Island are among the minority of states that offer no protection against retaliation for a workers’ comp claim. Mississippi’s Supreme Court refused to recognize an exception to the policy of at-will employment, which allows employees and employers to terminate employment for any reason or no reason at all.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act also offers some protection. The act forbids discrimination in all aspects of employment, including hiring, firing, pay, promotion, and even training. It is illegal for employers to discriminate against employees and applicants because they have a current disability or had a past disability.
The ADA only applies to employers who have 15 or more employees.
If you believe that an employer has discriminated against you because of a prior workers’ compensation claim, an experienced workers’ comp attorney will be able to help you assess and file your claim.
Related Resources:

Think you have a worker’s comp claim? Have your claim reviewed for free. (Consumer Injury)
If I’m in Rehab, Must an Employer Hold My Job? (FindLaw’s Law and Daily Life)
10 Things You Can’t Be Asked at a Job Interview (FindLaw’s Law and Daily Life)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Personal Injury Results

SETTLED MILLIONS

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits Settlement

Palm Beach County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits Settlement

Broward County

Settled Millions

Premises Liability

Neck/Back Injury

Policy Limits

Miami-Dade County

Settled Millions

Negligence

Neck/Back Injury

Policy Limits

Miami-Dade County

Settled Millions

Car Accident

Back Injury/Surgery

Policy Limits Settlement

St. Lucie County

Settled Millions

Motorcycle Accident

Traumatic Brain Injury

Policy Limits Settlement

Martin County

Settled Millions

Bicycle Accident

Leg amputation

Policy Limits Settlement

Palm Beach County

Settled Millions

Truck Accident

Fractures & Herniations

Policy Limits Settlement

Miami-Dade County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Martin County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Palm Beach County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Broward County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Miami-Dade County

Settled Millions

Motorcycle Accident

Fractures/Broken

Policy Limits Settlement

Palm Beach County

Settled Millions

Truck Accident

Fractures & Herniations

Policy Limits Settlement

Martin County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits

Palm Beach County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits

Miami-Dade County

Settled Millions

Truck Accident

Neck Injury

Policy Limits

Palm Beach County

Settled Millions

Truck Accident

Back Injury

Policy Limits

Broward County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits

Palm Beach County

Settled Millions

Car Accident

Neck Injury

Policy Limits

Palm Beach County

Settled Millions

Car Accident

Wrongful Death

Policy Limits

Martin County

Settled Millions

Trip & Fall Premises

Spine Injury

Policy Limits

Miami-Dade County

Settled Millions

Slip & Fall Premises

Spine Injury/Surgery

Policy Limits

Palm Beach County

Settled Millions

Motorcycle

Neck

Policy

Palm

Settled Millions

Motorcycle Car Accident

Paralysis & Brain Injury

Policy Limits

Martin County

Settled Millions

Bicycle Accident

Head, Neck & Spine Injury

Policy Limits

Miami-Dade County

Settled Millions

Pedestrian Car Accident

Wrongful Death

Policy Limits

St. Lucie County

Settled Millions

Motorcycle Car Accident

Paralysis & Brain Injury

Policy Limits

St. Lucie County

Settled Millions

Bicycle Car Accident

Paraplegic/wheelchair

Policy Limits

Palm Beach County

Settled Millions

Car Accident

Paraplegic/wheelchair

Policy Limits

Broward County
Personal Injury Lawyers

FREE case evaluation

SUBMIT CASE DETAILS

Want Case Evaluation Priority?

Submit your case to our Priority Evaluation list.

Yes! I want priority -- FREE CONSULT

We will not share your information with anyone outside of The Firm without your permission. Submitting your name and information here does not create an attorney-client relationship with The Firm.

Office Locations

Palm Beach

Injury Legal Firm

3801 PGA Blvd #600

Palm Beach Gardens, FL 33410

Send Mail Here

Miami

Injury Legal Firm

7695 SW 104th St Ste 230

Miami, Florida 33156

Appointment Only

New York

Injury Legal Firm

155 E. 49th St, St 7E

New York, NY 10017

Appointment Only