Aaron J. Allen: If you file a worker’s compensation claim you may lose your job, but not because you filed the worker’s compensation claim. Your employer has the right to replace you as an injured worker if you are disabled for a certain period of time. They’re able to do this to smoothly continue their business operations. This is the trade‑off of the social legislation we refer to as worker’s compensation.
If the employer fires you because you filed a worker’s compensation claim, you’ll have a right of action to sue the employer as what is referred to as “wrongful retaliatory discharge.” We find that most employees that are disabled for a substantial period of time do not return to their former job with their former employer.