It is unfortunate that some employees are so fearful of being fired that they don’t report workplace injuries. They continue to work through the pain and sometimes injure themselves even more because they continued to work after a work-related accident. Word-of-mouth horror stories about employer intimidation after filing a workers’ comp claim made an employee quit hurts everyone. If you are injured at work, it is important to know the truth about your rights and what to do if you believe you are being forced to quit because of a work injury.
Protection for Injured Workers in Indiana
As a worker, you have certain rights, including the right to have a reasonably safe work environment. This includes a work environment free from pressure to quit if you have suffered a work injury.
Indiana’s Workers’ Compensation Act prohibits employers from firing an employee for the sole reason of filing a workers’ comp claim. If you believe that your termination was based on the fact that you filed a claim or that you were injured on the job, you need to contact an Indiana workers’ comp attorney immediately. The law provides for recourse if you have term wrongfully terminated.
Constructive Discharge
What if your employer did not fire you but forced you to quit? Being forced to quit because you are subjected to intolerable working conditions is called constructive discharge. If you can prove that you were forced to quit because you were mistreated or you were subjected to illegal working conditions, the law treats you as if you were fired because your employer essentially forced you to quit by subjecting you to conditions that any employee would have found intolerable. Being forced to quit after a work injury may fall under the definition of constructive discharge.
Proving You Were Forced to Quit After a Work Injury
If you quit after you are injured at work, you must prove that your employer’s reason for forcing you to quit was illegal. It is not enough to prove you were compelled to quit your job. It can be difficult to prove that your employer’s intent was to make you quit because of a work-related injury or because you filed a workers’ comp claim. Because of the complexity of the laws applicable to constructive discharge and workers’ compensation in Indiana, you need a highly skilled workers’ compensation attorney to review your case.
If you believe you were wrongfully terminated or forced to quit after a work injury, you must act now. Waiting to contact an attorney about filing a claim for wrongful termination may result in you losing the right to hold your employer responsible for its illegal actions. You may be entitled to damages including back pay and other compensation if you prove you were forced to quit after a work injury.
Contact Our Indiana Workers’ Comp Attorney for A Free Appointment
Contact The Ken Nunn Law Office by telephone at 1-800-CALL-KEN or 1-800-225-5536 to schedule a free no-obligation consultation and case evaluation. One of our skilled and experienced workers’ comp lawyers will review your case and advise you of your legal options.
It is our desire to help you obtain the benefits and compensation you deserve after being injured on the job. Employers cannot do whatever they want to do and get away with it. We have laws to protect employees, including employees with a work injury, from being treated unfairly at work. Let us help you stand up for your rights and hold your employer accountable and liable for illegal acts.
