You worry about losing your job after an injury. This fear is extremely common and understandable for at-will employees. Many people feel they have to choose between getting the medical care they need and keeping their paycheck.
However, the answer is reassuring: In Massachusetts, your employer cannot legally fire you simply for filing a workers’ compensation claim. State law provides strong protections when you get hurt on the job.
Workers’ comp is a legal right
Workers’ compensation is a no-fault insurance system, meaning it helps you regardless of who caused the injury. Its primary purpose is simple: to provide injured employees with two essential benefits, reimbursement for medical care and lost wages caused by their injury. Filing a claim is exercising a legal right under state law, not asking your boss for a favor.
Protections against retaliation
The Massachusetts Workers’ Compensation Act prohibits employers from retaliating against employees for exercising their rights under the Act, such as filing a claim. Your employer cannot take adverse action against you just because you sought these guaranteed benefits. This protection covers more than just losing your job. It also means:
- An employer cannot demote you for filing a claim.
- They cannot harass you or give you a negative performance review.
- They cannot discriminate against you in other ways.
If your employer takes any of these actions based on filing a workers’ comp claim, they are violating the law. You have the right to pursue these benefits without fear of retaliation.
Critical distinctions to understand
Workers’ comp does not give you absolute job security forever. Massachusetts is an at-will employment state, meaning your employer can still legally fire you for valid, non-retaliatory business reasons.
Examples include documented, poor performance unrelated to the injury or gross misconduct. An employer can let an employee go for non-retaliatory business reasons, such as when the employee is unable to perform the essential functions of the job even with a reasonable accommodation or if the duration of the absence creates an undue hardship on the employer’s business.
However, the law requires employers to give the injured employee preference over other applicants for suitable re-employment when they can return to work.
Actions to protect your claim
Massachusetts law prohibits your employer from taking an adverse action against you because you filed a workers’ compensation claim or exercised a protected right. However, you should document everything that happens after filing, including:
- Keeping a log of events related to any adverse action from your employer.
- Save all communications about your claim and job status.
- Get copies of all forms and medical reports, and store them securely outside of work.
- Collect contact details for coworkers or others who saw the injury or the retaliatory actions.
It is advisable to seek immediate legal advice if your employer takes any negative actions against you. A skilled lawyer can protect your rights by assessing whether their actions are lawful or constitute unlawful retaliation.
