Generally speaking, Connecticut is an “at-will” employment state, meaning that you can be fired for any reason or no reason whatsoever, so long as there is no discrimination involved. As a result, your employer generally has the right to fire you while you are out of work receiving worker’s compensation benefits. In other words, there is no requirement that your employer keep your position while you are out of work due to your workplace injury.
The one major exception to this rule is retaliation. In Connecticut, your employer cannot retaliate against you for filing a worker’s compensation claim or for exercising your rights under the Connecticut Worker’s Compensation Act. For example, your employer can’t fire you for making the decision to file a worker’s compensation claim, or for pursuing the treatment that is recommended by your doctor. Doing so would be considered a retaliatory discharge in violation of Connecticut Worker’s Compensation laws.
Because Connecticut is an at-will employment state, it can be extremely difficult to prove a retaliatory discharge claim. The viability of such a claim will depend on the facts and circumstances surrounding your termination. If you are fired immediately after filing a worker’s compensation claim, or if the reason for your termination seems made up or suspect, you may have a potential retaliation claim and you should consult an attorney.
Contact the Connecticut worker’s compensation lawyers at Lueker Mott Zezula for a free consultation and evaluation.
Lueker Mott Zezula. Exceptional Injury Lawyers. (203) 408-6500.