Can You Be Fired for Being Injured at Work? A Complete Guide to Your Rights

Getting injured at work can create two problems at once: you may be dealing with medical treatment and lost income while also worrying about whether your employer will fire you.

So, can you be fired for being injured at work?

Sometimes, but an employer generally cannot lawfully fire you simply because you exercised a legally protected right related to your workplace injury. 

The exact protections depend on your state, the circumstances of your injury, your employer, and whether laws such as workers’ compensation, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or workplace-safety whistleblower laws apply.

Because workers’ compensation laws are largely state-specific, the rules and deadlines can vary considerably. If you believe your employer fired or punished you because you reported an injury or sought benefits, speaking with a qualified employment or workers’ compensation attorney can help you understand your options.

Can an Employer Fire You After a Workplace Injury?

A workplace injury does not automatically make your job permanently protected.

For example, an employer may be able to terminate an employee for a legitimate, unrelated reason, such as a genuine business restructuring or documented misconduct. However, termination can become legally problematic if the real reason is that the employee:

• Reported a workplace injury
• Filed or attempted to file a workers’ compensation claim
• Requested legally protected medical leave
• Requested a reasonable accommodation for a qualifying disability
• Reported an unsafe workplace condition
• Exercised another right protected by federal or state law

The important question is often why the employer took the action, not simply whether the employee was injured.

Workers’ Compensation and Job Protection Are Not the Same Thing

One of the most important distinctions is between workers’ compensation benefits and protection from retaliation.

Workers’ compensation generally provides benefits for qualifying work-related injuries or illnesses, but the rules are established primarily by state law. In many states, employees have protections against retaliation for exercising workers’ compensation rights.

That does not necessarily mean an injured worker can never be terminated.

For example, an employer might legally terminate an employee for a legitimate reason unrelated to the injury. On the other hand, suspicious timing, statements by supervisors, inconsistent explanations, or different treatment after an injury may be relevant evidence when determining whether the termination was retaliatory.

Because workers’ compensation retaliation laws differ by state, it is important to check the law where the injury occurred.

What If You Need Time Off to Recover?

Depending on your circumstances, the Family and Medical Leave Act (FMLA) may provide additional protection.

The FMLA gives eligible employees of covered employers up to 12 workweeks of job-protected leave during 12 months for qualifying reasons, including the employee’s own serious health condition when it prevents them from performing their job functions.

Generally, an employee must have:

• Worked for the employer for at least 12 months
• Worked at least 1,250 hours during the preceding 12 months
• Worked at a location where the employer has at least 50 employees within 75 miles

There are additional rules and exceptions, so not every injured employee qualifies.

When FMLA applies, an employer generally cannot interfere with the employee’s FMLA rights or retaliate against the employee for exercising them. Eligible employees generally must also be restored to the same or a virtually identical position when they return from qualifying FMLA leave.

Can the ADA Protect You After a Workplace Injury?

Another possible source of protection is the Americans with Disabilities Act (ADA).

Not every workplace injury qualifies as a disability under the ADA. The question depends on the nature and duration of the impairment and other legal requirements.

If an employee has a qualifying disability, the ADA can prohibit discrimination in employment, including discriminatory firing. It can also require an employer to consider reasonable accommodations when appropriate. The EEOC explains that the ADA applies to employment practices including firing, leave, job assignments, pay, and other employment decisions.

The ADA also prohibits retaliation against employees for exercising certain ADA rights, including requesting reasonable accommodation.

Examples of Possible Reasonable Accommodations

Depending on the employee’s limitations and the job, accommodations might include:

• Modified work duties
• Changes to a work schedule
• Additional breaks
• Certain workplace adjustments
• Temporary reassignment of duties when legally appropriate

An accommodation must be reasonable and must allow the employee to perform the essential functions of the position. Employers are not necessarily required to provide every accommodation requested.

What If You Were Fired After Reporting an Unsafe Condition?

A workplace injury sometimes involves more than workers’ compensation.

If an employee reports certain workplace safety concerns or exercises rights protected under OSHA’s whistleblower provisions, retaliation may be unlawful. OSHA states that employers cannot retaliate against workers for exercising protected safety and health rights.

For certain OSHA whistleblower claims, deadlines can be extremely short. OSHA states that some retaliation complaints must be filed within 30 days of the retaliatory decision being made and communicated to the worker.

That is one reason injured employees should avoid waiting to investigate their legal rights.

Signs Your Termination May Have Been Retaliatory

Being fired after an injury does not automatically prove illegal retaliation. However, certain circumstances may deserve closer attention.

Potential warning signs include:

1. The timing is unusually close

If you are terminated shortly after reporting an injury or filing a claim, the timing may be relevant evidence. Timing alone, however, does not establish unlawful retaliation.

2. Your employer suddenly changes its explanation

For example, management may initially give one reason for termination and later provide a substantially different explanation.

3. You receive threats about reporting the injury

Statements discouraging employees from reporting workplace injuries can be particularly important to document.

4. Your employer treats similar employees differently

If other employees with comparable performance or disciplinary histories were treated differently, that may raise questions about the employer’s stated reason for termination.

5. Your employer objects to your medical leave

If you qualify for legally protected leave and your employer threatens or disciplines you for using it, the situation may require further investigation.

6. You are punished for requesting an accommodation

If you have a qualifying disability and request a reasonable accommodation, retaliation for making that request may violate the ADA.

What Should You Do After a Workplace Injury?

Your actions immediately after an injury can help protect both your health and your legal rights.

Report the Injury

Follow your employer’s injury-reporting procedure as soon as reasonably possible. State workers’ compensation laws can impose specific reporting deadlines, so delaying may create unnecessary problems.

Seek Appropriate Medical Care

Follow appropriate medical advice and keep records of appointments, restrictions, diagnoses, and work-related instructions.

Keep Copies of Important Documents

Save copies of:

• Accident or incident reports
• Medical records and work restrictions
• Workers’ compensation paperwork
• Emails and text messages with your employer
• Performance reviews
• Disciplinary notices
• Termination documents
• Pay records
• Communications concerning your leave or accommodation

Keep these records somewhere you can access them outside your workplace, while respecting applicable confidentiality and company-property rules.

Follow Work Restrictions

If your doctor provides restrictions, give the appropriate documentation to your employer and follow the restrictions. Do not assume that returning to work against medical instructions will strengthen your claim.

Document What Happened

Write down important conversations while they are fresh in your memory. Include dates, people involved, what was said, and what happened afterward.

What If You Have Already Been Fired?

If you were terminated after a workplace injury, do not assume that you have no legal options.

Start by determining:

1. When did the injury occur?
2. When did you report it?
3. Did you file or attempt to file a workers’ compensation claim?
4. When did you request medical leave?
5. Did you request an accommodation?
6. When were you terminated?
7. What reason did your employer give for termination?
8. Were there previous disciplinary issues?
9. Did supervisors make statements about your injury, claim, leave, or restrictions?
10. What does your state’s law say about workers’ compensation retaliation?

These details can help an attorney evaluate whether the termination may have violated state or federal law.

How to Prove You Were Fired Because of Your Injury

Retaliation cases often depend on evidence showing a connection between the protected activity and the employer’s decision.

Useful evidence may include:

• Written injury reports
• Workers’ compensation documents
• Emails or text messages
• Medical restrictions
• Leave requests
• Accommodation requests
• Performance evaluations
• Disciplinary records
• Termination letters
• Witness statements
• Statements made by managers or supervisors

A particularly important issue is the employer’s stated reason for termination. If the employer claims the firing was based on performance or misconduct, the surrounding evidence may help determine whether that explanation is legitimate or whether it was used as a pretext for retaliation.

Can You Be Fired While Receiving Workers’ Compensation?

Receiving workers’ compensation benefits does not automatically guarantee continued employment.

Whether an employer can lawfully terminate you while you are receiving benefits depends on the circumstances and applicable state and federal protections.

For example, a termination could raise legal concerns if it was motivated by your workers’ compensation claim, your protected medical leave, a qualifying disability, or another protected activity.

However, an employer may still have legitimate reasons for ending employment that are unrelated to the workplace injury.

This distinction is why the facts surrounding the termination matter.

What Compensation Could Be Available for Wrongful Termination?

If an employee proves that a termination violated an applicable law, potential remedies can vary significantly depending on the claim and state.

Depending on the circumstances, remedies may include:

• Lost wages
• Lost benefits
• Reinstatement
• Front pay
• Other legally available damages
• Attorney’s fees and costs in certain cases

These remedies are highly fact-specific, and not every claim permits every type of recovery.

It is also important to distinguish a wrongful-termination claim from a workers’ compensation claim. They are different legal matters and may involve different procedures, deadlines, and remedies.

When Should You Talk to an Attorney?

Consider getting legal advice promptly if:

• You were fired shortly after reporting a workplace injury
• Your employer discouraged you from filing a workers’ compensation claim
• You were punished for reporting an injury
• You were terminated while using potentially protected medical leave
• You requested an accommodation and were subsequently disciplined or fired
• Your employer gave conflicting reasons for your termination
• You believe your employer retaliated against you for reporting an unsafe workplace
• You are unsure about a filing deadline

Employment and workers’ compensation deadlines can be short, and missing a deadline can affect your ability to pursue a claim.

FAQs

Can my employer fire me because I got hurt at work?

Not necessarily. An employer may be able to terminate an employee for a legitimate, non-retaliatory reason, but firing someone because they exercised a legally protected right may violate applicable law. State workers’ compensation retaliation rules should be checked for the specific state.

Can I be fired for filing a workers’ compensation claim?

A workers’ compensation claim does not automatically guarantee job security. However, many states provide protections against retaliation for exercising workers’ compensation rights. The exact rule depends on state law.

Can I be fired while on FMLA leave?

If you are eligible for FMLA protection, an employer generally cannot terminate you because you exercised your FMLA rights. However, FMLA protection does not prevent termination for a legitimate reason unrelated to the employee’s FMLA-protected activity.

Does a workplace injury automatically qualify as a disability?

No. A workplace injury and an ADA-covered disability are not automatically the same thing. Whether the ADA applies depends on the circumstances and statutory requirements.

What if my employer says I was fired for poor performance?

A stated performance reason does not automatically make a termination lawful. If there is evidence suggesting the stated reason was a pretext for retaliation or discrimination, an attorney may be able to evaluate the circumstances more closely.

What should I do if I think I was wrongfully fired?

Preserve relevant documents, write down what happened, identify important dates and witnesses, and promptly speak with an attorney who handles employment retaliation or workers’ compensation matters in your state.

The Bottom Line

Being injured at work does not automatically make you impossible to fire, but employers cannot use an employee’s legally protected activity as a reason for unlawful retaliation.

Depending on the circumstances, protections may come from state workers’ compensation laws, the FMLA, the ADA, OSHA whistleblower protections, or other laws.

If you were injured, reported the injury, requested protected leave or an accommodation, and were then fired or disciplined, the timing and circumstances deserve careful review. Because legal deadlines and workers’ compensation rules vary by state, getting advice promptly can be important.

This article provides general information about U.S. employment law and is not legal advice. Your rights depend on the facts of your situation and the law in your state.