any employer which fired any employee as a direct result of filing a workers compensation claim would be in deep doo doo from at least 2 agencies.
The Industrial Commission, which oversees all disputed or confrontational workers compensation claims, would be on the employer in a flash.
If the employee were on workplace related disability leave, the Insurance Carrier would have a case manager working to ensure the injured employee returns to work as quickly as possible, even if only on light duties. The Insurance Carrier would take immediate and direct action should they learn the employee was terminated without just cause.
The Department of Labor would be all over the employer with sanctions and court orders after a thorough investigation.
Having said all of that, the employer might have grounds to terminate, once the employee is released to return to work. As an example, the employee was drinking beer at lunch, which is likely against employee workplace rules, and is injured as a result of his impaired condition. That's one example where an employee could be terminated. But, the termination would not be for filing a workers compensation claim. The termination would be for alcohol consumption while working.
There are other facts likely which have not been revealed due to employee privacy rights.
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