You can't be fired for making a workers' comp claim. Weir & Kestner Personal Injury LawyersYou may be worried that your employer will fire you if you file a workers’ compensation claim, and you may not want to take that risk. However, you shouldn’t have to choose between getting the medical treatment and other workers’ compensation benefits you deserve and keeping your job.

It Is Illegal to Fire You for Filing a Workers’ Comp Claim

It is against the law for a Tennessee employer to fire you for reporting your workplace injury or filing a workers’ compensation claim. 

The purpose of workers’ compensation is to provide you with the assistance that you need to get back to work as soon as possible. Tennessee workers’ compensation benefits, therefore, include medical treatment and, in some cases, lost wages. It would be against public policy to allow your employer to fire you for reporting the accident and getting the benefits that are allowed by law.

Losing Your Job for Other Reasons

Your employer may justify your termination by claiming that:

  • The position is no longer necessary for the business and has been eliminated.
  • You can no longer perform essential job responsibilities because of your injuries.
  • You were fired for another reason or no reason at all.

If any of these reasons are true, then your employer may fire you even if you have a workers’ comp claim pending.

What If You Are Fired for Reporting a Work Injury?

Unfortunately, while it is illegal to fire you for reporting a work injury, it could still happen. 

If you are fired for reporting your work injury or filing a workers’ comp claim, you could have a wrongful termination lawsuit. The Tennessee Workers’ Compensation Bureau does not handle wrongful termination claims and will not advise you about what to do. Instead, if you believe that you were fired for reporting your work-related injury, you need to contact a work injury attorney.


Joe Weir
Helping personal injury victims win their case and lose their stress