Being Fired Over An Injury Claim

On Behalf of | Dec 14, 2020 | Buffalo Law Blog, Construction Accidents, Firm News

Afraid of Being Fired for Filing an Injury Claim? Learn Your Rights!

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Watch the following educational legal video by Andrew P. Fleming, where he explains what recourse you have after being fired over an injury claim.

Section 120 of the Workers’ Compensation Law makes it illegal for an employer to terminate an employee because the employee has filed a claim. When claims are brought against employers for wrongful termination, though, they are not easy claims to prosecute. It must be definitively determined that the reason for the firing was the filing of a claim, and intent can be challenging to demonstrate. Employers will try to dodge responsibility and assert that the reason behind the firing was the need to replace the employee. The conversations that you have with your employer at the time that you are injured or fired are critical and must be recorded by you on paperwork as soon as you can. This way, it can be verified that the employer is terminating you because you filed a workers’ compensation claim.

Did you suffer an injury on a construction site and have questions about being fired over an injury claim? Contact the experienced Hamburg employee rights attorneys at Chiacchia & Fleming, LLP for a confidential consultation. We treat your case and your injuries seriously and do everything in our power to bring you relief.

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