Will I Be Fired By My Employer For Filing Workers’ Compensation In Virginia?


Getting injured at work can bring a lot of challenges for you. It puts you under financial, mental, and physical stress. Depending on the severity of your injuries, you may need a while to recover and get back to work. While you are already going through a lot, your employer firing you can turn your entire life upside down. 

The moment you sustain an injury at work, contact an experienced workers’ compensation lawyer in Virginia who will fight for your rights and assist in navigating the complex procedure of workers’ compensation. During the procedure, one of the common questions by the victim is, “can your employer fire you if you file workers’ compensation?”

Can your employer fire you for filing workers’ compensation?

The clear answer is, Virginia is an at-will state, meaning your employer does not need a specific reason to fire you (except for discrimination). However, this does not mean that your employer can fire you solely because you filed a workers’ compensation claim or you sustained injury. Irrespective of who is at fault, workers can file for compensation for their medical treatment. 

Unfortunately, if you sustained an injury at work, you can be fired. However, the employer needs to give a valid reason other than the injury for firing you. Employers often try to convince you not to file workers’ compensation and influence you to cover medical bills through your personal medical insurance rather than workers’ compensation. In the worse scenario, there can be threats by the employer to fire you if you filed workers’ compensation. If you find yourself in such a situation, do not give up on your rights and contact a lawyer to fight for you. 

What can you do if your employer fires you?

The workers’ compensation law compensates for your injuries and the lost income due to your injuries at work. Unfortunately, it does not cover wrongful termination by the employer. One of the best options is to talk to an experienced and skillful lawyer and discuss the situation with them. The lawyer can help you determine if you were fired under wrongful termination. If yes, you may be eligible to file a lawsuit against the employer and get justice. Before speaking to your employer, it is advisable to speak to a workers’ compensation lawyer to understand the proper steps and criteria to file a lawsuit for wrongful termination. 

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