Can You Collect Workers' Comp After Being Fired? (2025)

How Workers’ Compensation Works

There is some variation in workers’ compensation insurance requirements by state. However, the law requires most employers to have workers’ compensation insurance.

If you need medical care or cannot work because of a job-related injury, you can file a claim with your employer’s insurance provider. The provider should cover your medical costs and pay you a portion of your typical wages while you heal.

Is Your Employer Allowed to Fire You if You Have an Open Workers’ Comp Claim?

Unfortunately, some employers don’t want to deal with a workers’ compensation claim. As a result, they may fire a worker just for reporting an injury.

Firing someone in retaliation for reporting an injury is illegal. However, this does not mean that a company can never terminate an injured worker. The laws surrounding employment protection and workers’ compensation are nuanced. Keep these things in mind:

• Your employer may not legally fire you just for getting injured on the job.
• Reporting an injury or filing a workers’ comp claim doesn’t protect you from losing your job for other reasons.

Sometimes, an employee who loses their job soon after a work injury strongly suspects that their employer illegally retaliated against them, but they don’t know how to prove it. If this is your situation, get in touch with a work injury lawyer as soon as possible.

Can You Collect Workers’ Comp After Being Fired?

It depends on the state, but you can usually collect workers’ comp after being fired. Even if your employer fires you after you file a workers’ comp claim, the medical benefits should continue until you either recover completely or reach maximum medical improvement (MMI), which means that your doctor thinks your condition has improved as much as possible.

However, you may not receive workers’ compensation benefits in every situation. In some states, if your employer fires you for a valid cause (not just because you reported an injury), you can lose your benefits.

When Can an Employer Fire an Injured Worker?

Your employer isn’t allowed to fire you just because you reported a work incident or because you got hurt on the job. However, you can still lose your job if you contributed to your accident in some way. Furthermore, some behaviors will make you ineligible for workers’ compensation benefits. These are some examples:

• You failed a drug or alcohol test right after your accident.
• You caused your accident through horseplay or reckless behavior.
• You misused company equipment, and that led to your injury.
• Right after your injury, you were hostile to your supervisors.
• Your doctor approved you to do light-duty work, but you refused to do so.

Keep in mind that each situation is different, and your state may have its own laws governing when an employer can and cannot fire an employee after a work injury. The best way to understand your rights is to talk to a workers’ compensation lawyer.

When Is Firing Not Justified?

Sometimes, when a company fires someone in retaliation for filing a workers’ compensation claim, it will attempt to trick the employee into thinking the firing is legal. For example, an employer might not list the incident that caused the injury when it justifies the termination, but it might use a reason that is very close to it.

It can depend on the state you’re in, but typically, firing you for the following reasons is not legal:

• Hiring a workers’ compensation lawyer to help with your case
• Complying with the work restrictions your doctor gave you
• Reporting a work injury
• Filing a workers’ compensation claim

Of course, some companies will give another reason entirely, even when it’s clear that the company terminated the employee because of a work injury claim. These kinds of situations can be very tricky. The injured employee should schedule a consultation with an experienced attorney, who will assess the case and formulate a plan.

How Much Does a Workers’ Compensation Lawyer Cost?

If you suffered an on-the-job injury and can’t work, you probably don’t have a lot of extra money. So before you call an attorney, you might wonder, “How much does a workers’ comp lawyer cost?”

Many (but not all) workers’ compensation lawyers work on contingency. This means that you pay nothing up front. If your lawyer wins you a workers’ comp settlement, you agree to pay them a portion of what you receive.

Some lawyers might bill by the hour instead. When you book your consultation with a workers’ compensation lawyer, you can clarify their fee schedule and determine whether the fee is one you can comfortably afford.

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

Employers who unlawfully fire employees for filing workers’ compensation claims should face accountability for their actions. If you lose your job because of a work-related injury, you deserve financial support to cover your medical costs and your lost wages while you heal.

At ConsumerShield, we’re here to help. Our mission is to connect people like you to the best lawyers in your area. If your employer fired you because you filed a workers’ compensation claim, get in touch today for a free case review!