QUESTION 1: Can my employer fire me or lay me off if I file for Workers’ Compensation?
ANSWER: Alabama law makes it illegal for an employer to discharge an Employee who “instituted or maintained any action” for Workers’ Compensation benefits. This law protects any Employee who seeks benefits, even if they have not yet filed a lawsuit. If the Employee proves that the sole reason the employer fired the Employee was because he sought benefits, the employers may be liable for reinstatement, back pay and damages.
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