Introduction
Suffering a workplace injury can be a stressful experience. On top of dealing with pain and treatment, many workers worry about the consequences of filing a workers’ compensation claim—especially whether their employer can fire them for doing so. If you’ve found yourself asking this question, you’re not alone. In Massachusetts, the law protects employees who pursue their legal right to compensation after a work-related injury. In this article, we’ll explore your rights, employer obligations, and how a qualified Rafferty lawyer can help protect you during this difficult time.
Understanding Workers’ Compensation in Massachusetts
Workers’ compensation is a benefit system in Massachusetts designed to help employees who are injured on the job. It covers medical expenses, lost wages, and other related costs. In return, employees generally cannot sue their employers for the injury. This “no-fault” system means you can receive benefits regardless of who caused the accident.
Massachusetts law requires most employers to carry workers’ compensation insurance. Once you’re injured, you have the legal right to file a claim. However, despite these protections, some workers fear that filing might put their job at risk. That’s where understanding your legal rights becomes crucial—and where having a skilled Rafferty lawyer on your side can offer peace of mind.
Is It Legal to Fire You for Filing a Claim?
The simple answer is no. It is illegal in Massachusetts for an employer to fire, threaten, or retaliate against an employee simply for filing a workers’ compensation claim. This type of retaliation is considered a violation of your rights and can lead to serious legal consequences for your employer.
Massachusetts General Laws Chapter 152, Section 75B specifically prohibits any form of retaliation against employees who seek workers’ compensation benefits. If you’re terminated solely for filing a claim, your employer may face lawsuits, fines, and penalties—and you could be entitled to compensation.
What Retaliation Might Look Like
Retaliation doesn’t always come in the form of being fired outright. Employers may attempt more subtle forms of punishment that still violate the law. Here are some examples:
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Demoting you or giving you fewer hours
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Reducing your pay or cutting your benefits
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Reassigning you to less desirable tasks or shifts
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Creating a hostile work environment
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Making negative comments about your injury or claim
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Pressuring you not to file or to withdraw your claim
If you experience any of these actions after reporting a workplace injury, it’s important to talk to a Rafferty lawyer right away. They can assess whether you’re experiencing unlawful retaliation and help you take appropriate action.
When a Termination May Be Legal
While you can’t be fired because you filed a claim, your employer can still terminate you for other valid reasons. For example, if your company is downsizing and other employees are being laid off too, your termination might be legal. Similarly, if you violated company policy or your job performance was poor before the injury, your employer may have legal grounds for firing you.
However, timing matters. If you were a good employee before your injury and then suddenly fired after filing a claim, that’s suspicious and could indicate retaliation. A Rafferty lawyer can investigate the circumstances and help you prove whether your termination was lawful or not.
What to Do If You’re Fired After Filing a Claim
If you are fired after filing a workers’ compensation claim, don’t panic—but don’t ignore it either. Take the following steps to protect your rights:
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Document everything – Keep records of any communication with your employer about your injury, claim, and termination. Save emails, text messages, and write down notes about meetings.
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Request a written reason – Ask your employer for a written explanation of why you were fired. This can help reveal whether the termination was job-related or linked to your claim.
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Talk to a lawyer immediately – A Rafferty lawyer can review your case, examine evidence, and determine whether your firing was legal or retaliatory. If your rights were violated, they can help you take legal action.
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File a complaint – If you believe you were wrongfully terminated, your lawyer can help you file a retaliation claim with the Massachusetts Department of Industrial Accidents or even take your case to court.
Compensation You May Be Entitled To
If your employer fired you for filing a workers’ comp claim, you may be entitled to compensation beyond your original claim. This can include:
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Back pay for the time you were unemployed
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Front pay if you can’t return to your job
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Lost benefits, such as health insurance or retirement contributions
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Emotional distress damages
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Punitive damages, in some cases, to punish the employer
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Reinstatement to your previous position
A Rafferty lawyer can guide you through the process of claiming these damages and hold your employer accountable for their actions.
How a Rafferty Lawyer Can Help
Dealing with an injury is hard enough—you shouldn’t have to worry about losing your job too. A knowledgeable Rafferty lawyer understands the complexities of both workers’ compensation law and employment law. They can:
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Help you file your claim properly and on time
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Make sure your medical evidence supports your case
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Communicate with the insurance company on your behalf
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Protect you from retaliation or harassment
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Build a strong case if you are wrongfully terminated
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Represent you in hearings or court proceedings
By having a legal professional in your corner, you can focus on healing while your attorney focuses on your rights and benefits.
Protecting Yourself from the Start
The best way to avoid problems later is to be proactive early. As soon as you’re injured, report it to your supervisor, seek medical treatment, and document everything. Make sure all paperwork is complete and submitted properly. If your employer seems hesitant, discourages you from filing, or starts treating you differently, consult a Rafferty lawyer as soon as possible.
Even if you haven’t been fired yet, getting legal guidance early can help prevent retaliation and ensure that your claim is handled fairly.
Conclusion
Filing a workers’ compensation claim is your legal right, and no one should make you feel guilty or fearful for doing so. In Massachusetts, the law clearly protects employees from being fired or punished for filing a claim. If you suspect your employer is retaliating against you—whether through termination, demotion, or other means—it’s important to seek legal help immediately.
A seasoned Rafferty lawyer can investigate your case, defend your rights, and help you get the compensation and justice you deserve. Don’t let fear stop you from getting the help you need. Your job, your health, and your future are too important to leave unprotected.
