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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Published In:
Labor & Employment Law Updates, Worker’s Compensation Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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