If you’ve been injured on the job in Tahlequah, you may be wondering whether you can be fired for filing a workers’ comp claim. Many workers worry that reporting an injury will lead to retaliation, demotion, or termination. Fortunately, Oklahoma law offers clear protections for employees who seek benefits under the state’s workers’ compensation system.
Oklahoma Law Prohibits Retaliation
Under Oklahoma Statutes Title 85A, § 7, it is illegal for an employer to retaliate against or fire an employee solely for filing a workers’ compensation claim or for retaining a lawyer to pursue such a claim. This includes any effort to receive medical treatment, temporary disability payments, or other benefits provided under the Oklahoma Workers’ Compensation Act.
Retaliation can take many forms, including:
- Wrongful termination
- Demotion or reduction in pay
- Harassment or a hostile work environment
- Denial of earned benefits
- Unjustified negative performance reviews
If your employer takes adverse action against you for exercising your legal right to file a claim, they may be liable in a separate retaliation lawsuit.
At-Will Employment and Workers’ Comp
Oklahoma is an at-will employment state, which means an employer can terminate an employee for any reason—or no reason at all—so long as it is not illegal. However, firing an employee because they filed a workers’ comp claim is a prohibited reason. In such cases, the employer has crossed a legal line.
If you’re fired after filing a claim, the key legal question becomes why you were fired. Employers may attempt to justify the termination on other grounds (such as job performance or business needs), but if there’s evidence of retaliation, you may have a strong case.
How to Protect Yourself After Filing a Claim
If you plan to file for workers’ compensation in Tahlequah, you can take steps to protect yourself:
- Document everything. Keep detailed records of your injury, medical treatment, communications with your employer, and any changes to your job status.
- Notify your employer promptly. Report the injury as soon as possible and follow all required procedures under Oklahoma law.
- Retain legal counsel. A workers’ compensation attorney can help protect your rights and intervene if your employer retaliates.
What to Do If Your Employer Fires You
If you believe you were fired for filing a workers’ comp claim:
- Contact an attorney immediately.
- File a complaint with the Oklahoma Workers’ Compensation Commission.
- You may also have grounds for a wrongful termination lawsuit, which could allow you to recover lost wages, emotional distress damages, and even punitive damages.
Tahlequah Workers Comp Attorneys
Our Tahlequah workers’ compensation attorneys represent injured employees and understand the severity of these issues. We help you navigate your workers’ comp claim and stand up for your rights if your employer retaliates. You don’t have to face this alone. For a free and confidential consultation with the workers’ compensation lawyers team at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask us an online legal question.