Although you do not need an attorney to file for workers’ compensation benefits, an attorney can help you maximize your recovery, ensure you comply with applicable procedures, and fight to protect you against discrimination or wrongful termination.
It is unlawful for an employer to fire an employee simply because the employee filed a workers’ compensation claim. In this state, the Massachusetts Commission Against Discrimination is the state agency investigates allegations of retaliation.
Reasonable Accommodations After a Workplace Injury
When it comes to medical leave or returning to work with reasonable accommodations, an attorney can help you navigate the applicable laws. For example, the Family Medical Leave Act provides that workers may take a disability leave without risking employment termination if certain conditions are met.
Returning to Work with Disabilities
If the workplace injury left a worker with disabilities, the Americans With Disabilities Act requires the employer to provide certain reasonable accommodations that the employee requires to perform his or her job duties. However, if there are no accommodations that would enable the employee to perform his or her job duties, the employee should consult with an attorney to explore additional options.
Workers’ compensation disputes often come down to a factual inquiry, requiring the court to determine the essential job duties of a position, whether the requested accommodations were reasonable, and whether the injured worker would be able to return to the job in a limited capacity. Yet injured workers are hardly situated to fight a denial of benefits or worse, termination. Therefore, our law firm is so passionate about the rights of injured workers.
Source: Business Insurance, “Firing of injured worker upheld by appeals court,” Louis Esola, Aug. 15, 2018