Wrongful Termination Case Brings the Legal Protections for Injured Workers to Light

When workers are injured on the job, they have the right to file a workers’ compensation claim. Some may even be eligible for additional compensation through a third-party lawsuit. Yet many fear that filing will result in backlash from their employer. Thankfully, there are protections in place. The following information can help you better understand these protections, and provides you with some key details on how to protect your rights during a workers’ compensation claim.

In April 2015, a New Jersey emergency medical technician experienced a back injury while lifting a patient who was experiencing a cardiac emergency. The female EMT was evaluated by a doctor and was permitted to return to work at a modified capacity five days after her injury. Later, it was determined that she had a bulge in her lumbar spine. She continued going to physical therapy and was eventually released to return to medium duty in August of 2015. Sadly, it was only a short time after that she was released from her job.

The EMT says that she had asked about transferring to another position within the company when notified of the termination. Unfortunately, she was allegedly told that it was not open for discussion. She then filed a claim, stating she had been wrongfully terminated by her employer for not being able to return to full duty work. She eventually settled her case for just a little more than one year’s salary.

The law protects employees from wrongful termination situations. This includes cases in which the employee was injured and filed a claim for a work injury. Yet, it is important to remember that proving such cases can be difficult. For this reason, employees should immediately contact an attorney if they believe they could be at risk for wrongful termination after a workers’ compensation claim.

If you have been injured on the job and believe you may be at risk for wrongful termination, contact Corsiglia, McMahon & Allard, LLP for assistance. Dedicated and experienced, our San Jose work injury lawyers can manage the legal aspects of your case. We will fight to protect your rights and work aggressively to ensure you get the compensation you deserve. Call us at (408) 289-1417 and schedule your free consultation to learn more.

• EMT fired following work-related injury settles suit for $47,500