An injured worker who is subsequently fired by their employer may have an additional claim under the Worker’s compensation Act. This claim is know as a wrongful refusal to rehire claim.
What to do if you are fired or are the victim of a wrongful refusal to rehire
- If you are wrongly refused to be rehired make sure your employer is aware of your restrictions, in writing, and explicitly inform them that you are willing and ready to return to work.
- If the position you held when you were injured is no longer available inform them that you are interested in other positions, as well.
- Apply for unemployment as the information that you receive during this process can aid in showing that the employer did have work available and should have provided it to you. In addition, unemployment benefits will help you stay afloat while you are off of work.