Ask Geoff: Why Is My Employer Trying to Fire Me After an Injury?

May 25, 2017 | Workers' Compensation

Work injury

Any time you are injured on the job, your employer will do everything in their power to fire you. In fact, the law gives them an incentive to fire you. If they can fire you with cause, they don’t have to pay your Workers’ Compensation benefits anymore. So how can you resist these underhanded measures to keep your job and your benefits? It may not be as easy as you think.

If you are injured at work and you are later able to return to work with medically restricted duties, your employer may try to provoke you into a fireable offense starting with your first day back on the job. Your employer doesn’t really want to be paying you if you can’t perform your full duties, and they definitely don’t want to keep paying your workers’ compensation benefits.

Even though your injury happened at work, your employer probably doesn’t want to take financial responsibility for your injury. Therefore, they will try to make you do or say something that they can fire you for.

Well, what does this look like? I had a client named John who was a Marine Corps veteran. He was working in a food warehouse when a bag of frozen produce fell about 12 feet and crushed his hand. Even after multiple surgeries, John was not able to regain full use of his hand. His doctor told him he couldn’t work in the warehouse anymore. The warehouse countered that they had some one-handed work that John could do.

What was this work? When John came back to work, they made him the new bathroom attendant. They put a chair in the men’s room and told him it was now his job to make sure they didn’t run out of soap, paper towels, etc. He did this for about six months, but he felt like he was being set up to be fired.

Sure enough, one day, John’s boss asked him to go and get some heavy cleaning supplies, a task he couldn’t perform with his disability. He had his work restrictions and told his boss he couldn’t do that. His boss said they didn’t have any other help and asked if John was refusing to do the work.

After that, they started to argue. His boss told him to come upstairs, and he was taken to the plant manager and fired for cause. This meant, of course, that he lost his Workers’ Compensation benefits. Unfortunately, we were not able to win this case.

I disagree with this law because Workers’ Compensation is supposed to be a no fault system. No matter whose fault it is, if you are injured at work you should get Workers’ Compensation benefits. This law leads to employers using underhanded tactics like what happened to John to try to get out of paying the benefits they owe.

Unfortunately, this is the law in Virginia, so it’s important to be aware of it and be on the lookout for signs that your employer is trying to find and excuse to fire you.

If you’ve been injured at work, call a workers compensation lawyer at (866) 369-9051 for a free consultation on your case.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    Is a Workplace Injury Outside Normal Duties Covered?

    You may know that you can seek worker’s compensation for an accident that happens at work. But what if you were acting outside of your normal job duties when the accident occurred? Is it still covered? The answer depends on the accident circumstances and whether...

    What If My Workplace Injury Was My Coworker’s Fault?

    If you experienced an injury while completing your job duties, you have a right to seek workers’ compensation to cover your medical care and lost wages. But what happens if your coworker was responsible for your accident?  A Virginia workplace injury lawyer can...

    Are Any Employers Exempt From Workers’ Compensation in Virginia?

    Virginia law requires the majority of employers to carry workers’ comp insurance, which is responsible for compensating ill or injured workers. However, there are a few exceptions to this rule. If you suffered a work-related injury, you’ll need to find out whether you...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald