Fired After Workplace Injury: How To Seek Justice As An Employee

Oct 13, 2023 5 Min Read
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Photo by Mohamed Hassan @ Pixabay

You can take proactive steps to seek justice as an employee.

A workplace injury is a traumatic experience in and of itself. But being fired as a result can worsen your situation. More than 2.6 private sector employees were injured at work in 2021. Many of them will likely have lost their jobs due to disabilities and long recovery timelines. 

Explore: How Leadership Dynamics Define Attitudes to Risk & Negligence in the Workplace

That's unfortunate because employees deserve better. If you are in such a situation, you should know your rights and options. You must also seek justice if you believe you have been wrongfully terminated due to a workplace injury. 

You only need to take a few steps to make the most of your legal rights and protections. With these measures, you can hold your employer accountable for their actions and get the justice you deserve.

Document everything

Meticulous documentation is essential when you suffer a workplace injury. You may begin by keeping a detailed record of the whole scenario. Note the details, such as the date, time, location, and circumstances leading to the injury. 

Also, keep a record of your symptoms, injuries, and medical treatments. Include details of the doctor's appointments, prescriptions, and rehab sessions. While these notes may seem like extra work, documenting everything creates a clear and consistent timeline. It can be helpful if you need to prove your case later on.

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Report the incident

Reporting workplace injuries as soon as possible should be on top of your checklist. Inform your supervisor or employer according to your company's reporting procedures. Ask a coworker or a family member to report your injury if you cannot do it due to severe injuries. 

Failure to report the incident on time may affect your chances of receiving workers' compensation benefits. You may also lose your chance to pursue a legal case against your employer.

Gather supportive evidence

Gather any supporting evidence besides your documentation. Anything that can substantiate your claims is valuable. For example, photographs of the accident scene, defective equipment, or hazardous conditions can strengthen your claim. 

Check the eyewitnesses and obtain statements from coworkers. They can attest to the presence of hazardous workplace conditions. The more evidence you can collect, the better your chances are in court when seeking justice for wrongful termination.

File a workers’ compensation claim

Workers' compensation laws exist to provide financial assistance and medical benefits to the employees injured on the job. You may be able to file a workers' compensation claim in your jurisdiction. But remember to choose someone specialising in the local law. 

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For example, you should collaborate with a work injury lawyer los angeles if your employer is in this part of the country. They have a good understanding of the state-specific work injury laws and statutes. So you can trust their expertise and guidance.

Research the employment laws

Understanding the relevant employment laws in your jurisdiction is essential to seek justice as an employee. These laws may vary according to the state. 

You should consult with an attorney with expertise in employment law to navigate the legal landscape. They can assist you in determining whether you have a valid wrongful termination claim based on worker rights violations or anti-retaliation laws.

Build resilience

Dealing with a workplace injury and being fired can be emotionally and mentally draining. Having resilience is crucial to overcome the challenges that lie ahead. You must seek the assistance of family, friends, or a therapist. They may help you to deal with any stress, anxiety, or depression that may arise during this trying time. 

Resilience also boils down to physical strength and proper nutrition. Keep in mind that seeking justice can be a long and difficult process. Therefore, staying mentally and emotionally strong is essential.

Look for a fresh start

Seeking justice for wrongful termination gives you peace of mind. At the same time, you should think about your long-term career prospects. You may want to look into new opportunities and new beginnings after a workplace injury and termination.

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Update your resume, connect with industry contacts, and seek new job opportunities. A fresh start can give you a sense of empowerment and control over your future while you seek justice for past wrongs.

Conclusion

Being fired after a workplace injury can be hurtful physically, emotionally, and financially. However, this is not the end of everything. You can take proactive steps to seek justice as an employee. Keep in mind that involving an experienced employment attorney can assist you in pursuing a wrongful termination case. They ensure that your rights are protected. While the road ahead may be difficult, your commitment to justice can result in a just resolution and a brighter future.

Read more: Health & Safety: People Are Precious!

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Erika Cruz is a content writer at Outreach Monks, a leading marketing agency known for its innovative digital solutions. With her expertise in crafting compelling copy and engaging content, Erika helps clients build their brands and connect with their target audience. 

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