Can my employment fire me when I have a work related injury and is filled threw workers comp

Your work-related injury cannot be the basis for your firing. Is your employer going to tell you that they are firing you because of your injury, probably not! Depending on the laws of your state, an experienced worker’s comp. attorney may be able to prove a wrongful refusal to rehire claim if the basis for your firing was made up to cover up the real reason, your injury.

These attorneys are correct - you cannot be fired in retaliation for filing a workers comp claim. However, if there are legitimate reasons for your termination, the employer can terminate you and you can't use the fact that you were injured as a shield.

I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. I am not commenting on any workers' compensation aspect of your case. I write to make sure you are aware you may have rights under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Many on-the-job injuries meet the definition of "disability" under the ADA. If they do, you may be entitled to reasonable accommodation for your disability. Reasonable accommodation may include transferring some non-essential job duties to other employees, providing equipment or devices to enable you to do the main functions of the job, allowing extra time off work for things related to the disability, and more. Also, the employer may not treat you differently from other employees because of your disability. For example, the employer may not refuse to promote you, deny you training or otherwise limit your job opportunities, and the employer may not fire you because of your disability. Rights under the ADA are triggered when an employer has at least 15 employees. Any rights under the ADA are separate from rights you may have under workers' compensation. Please look at my guide on the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment. You may also have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). This law allows covered employees to take a maximum of 12 weeks per year of unpaid leave due to a serious medical condition. The 12 weeks can be taken all at once, in increments of fractions of an hour, or anything in between. The only limit is that the total time off cannot exceed 12 weeks in one year. To be eligible under the FMLA, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the FMLA are separate from any rights you may have under workers' compensation. Please look at my guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.attorneyqna.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions.