Did Your Employer Fire You Shortly After You Filed a Workers’ Compensation Claim

  1. Worker's Compensation
  2. Did Your Employer Fire You Shortly After You Filed a Workers’ Compensation Claim
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Many Oklahoma workers avoid filing a workers’ compensation claim because they fear they could lose their job as a consequence. Instead, they turn to their health insurance coverage, and sick days for their necessary doctor’s office visits and treatment appointments. However, workers’ compensation is there for a reason, and the law protects workers from adverse action as a result of filing a claim. If you are fired from your job shortly after you file a workers’ compensation claim, you may have a cause of action.

When Oklahoma Employees are Fired After Filing a Workers’ Compensation Claim:

Oklahoma law prohibits employers from discharging an employee because they filed a workers’ compensation claim, retained an attorney for a workers’ compensation claim, testified in a workers’ compensation proceeding, etc.

Can My Employer Fire Me After I File a Workers’ Compensation Claim?

If you are an Oklahoma worker, and you are worried about losing your job because you filed a workers’ compensation claim, you should know that an employer cannot fire you simply because you file for workers’ compensation. They can, however, fire you while you have an open workers’ compensation claim; they just need to show a different reason (unrelated to the workers’ compensation claim) for the termination.

Can My Employer Fire Me While I Am Out on Workers’ Compensation?

Under Oklahoma law, employers cannot discharge an employee because they filed a workers’ compensation claim in good faith. Employers are also prohibited from firing an employee on the grounds of being absent from work if they are out on temporary total disability (TTD). The same rules apply – an employee out on TTD could be fired, but the employer would need to have a valid reason not associated with the TTD or their absence from the job.

A Few Basics About Workers’ Compensation in Oklahoma:

Workers’ compensation coverage begins immediately upon the start of employment; no waiting period applies. Virtually every employee in Oklahoma is covered by worker’s compensation law; there are very few circumstances in which a worker would not be protected by Oklahoma’s workers’ compensation laws.

If you were fired for filing a workers’ compensation claim, let Armstrong & Vaught P.L.C., Tulsa’s Premier Workers’ Compensation, Employment, and Social Security Law attorneys, help you protect your rights. We have the experience you need on your side as you seek the compensation you deserve.

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