Workers' compensation laws were made to protect employees who suffer work-related injuries or illnesses, to make sure they get medical care and wage replacement benefits. However, many workers hesitate to file a claim out of fear that their employer is going to retaliate by firing them. In Connecticut, employment laws provide protections for injured employees, but there are circumstances where termination might still occur. Understanding your rights is essential if you're facing this situation.

Workers' Compensation Laws in Connecticut

Connecticut law mandates that employers maintain workers' compensation insurance to cover benefits for employees who suffer work-related injuries or illnesses. These benefits cover medical expenses, lost wages, and rehabilitation costs. The Connecticut Workers' Compensation Act (CWCA) governs the system, ensuring that injured employees can receive compensation without proving employer negligence.

Employer Retaliation Protections Under Connecticut Law

Connecticut law forbids employers from taking retaliatory actions against employees who file a workers' compensation claim. Section 31-290a of the Connecticut General Statutes explicitly states that an employer cannot discharge or discriminate against an employee for filing a claim or exercising their rights within the state's workers' compensation system.

How Retaliation Can Manifest in the Workplace

Retaliation can take various forms beyond outright termination. Employees should be aware of the following potential red flags:

• Demotion or Pay Reduction: A sudden drop in job title, responsibilities, or salary after filing a claim.
• Hostile Work Environment: An employer may create an unwelcoming or stressful environment to pressure the employee into quitting.
• Unwarranted Disciplinary Actions: Frequent write-ups or allegations of misconduct that did not exist before the claim.
• Work Schedule Changes: A sudden reduction in hours or undesirable shift assignments.

While these actions may not always be illegal, a pattern of retaliation connected to the workers' compensation claim could form the basis of a lawsuit.

Can an Employer Fire an Employee While They Have an Open Claim?

Although employers cannot legally terminate an employee because they filed a workers' compensation claim, Connecticut is an at-will employment state. This means that employers are able to terminate employees for any lawful reason or for no reason at all—unless the termination is discriminatory or retaliatory.

Legitimate Reasons an Employer Can Terminate an Employee

Employers may fire employees for valid reasons unrelated to their workers' compensation claim, including:

• Poor Performance: If an employee consistently fails to meet expectations, they may be dismissed.
• Company Layoffs or Restructuring: Businesses undergoing financial hardship or restructuring may lay off employees, even those with active claims.
• Policy Violations: An employee who violates workplace policies or engages in misconduct can be legally terminated.
• Inability to Perform Job Duties: If an injury results in permanent restrictions that prevent an employee from fulfilling their job responsibilities, an employer may lawfully terminate employment, provided they have explored reasonable accommodations under the Americans with Disabilities Act (ADA).

What to Do If You Believe You Were Fired for Filing a Workers' Compensation Claim

If you suspect that your termination was retaliatory, you may have legal options. Here are steps to take:

1. Gather Evidence

Document any instances of retaliation, including emails, performance reviews, and witness statements that demonstrate a connection between your claim and termination.

2. File a Complaint with the Connecticut Workers' Compensation Commission

Employees can file a complaint under Section 31-290a, which allows the Workers' Compensation Commission (WCC) to investigate and address wrongful termination cases.

3. Seek Legal Representation

Workers facing retaliation should consult with an employment law attorney who can assess their case and determine whether they have grounds for a lawsuit.

4. Consider a Civil Lawsuit

Under Connecticut law, an employee can pursue damages through a civil lawsuit for wrongful termination. Potential remedies include:

• Reinstatement to their position
• Back pay for lost wages
• Compensation for emotional distress
• Punitive damages in extreme cases

Retaliation and National Trends in Workers' Compensation Cases

Retaliation claims related to workers' compensation have become more common nationwide. According to a study by the National Employment Law Project (NELP), workplace retaliation claims have risen by nearly 40% over the past decade. Many employees feel vulnerable when reporting injuries, especially in industries with high injury rates such as construction, manufacturing, and healthcare.

Statistics on Workplace Injuries and Retaliation

• The Bureau of Labor Statistics (BLS) reported that 2.6 million nonfatal workplace injuries and illnesses occurred in private industries in 2022.
• A survey by the Occupational Safety and Health Administration (OSHA) found that one in five workers feared retaliation after reporting a workplace injury.
• The Equal Employment Opportunity Commission (EEOC) recorded over 35,000 retaliation claims in 2023, making it one of the most frequently filed workplace complaints.

These trends highlight the ongoing concerns regarding employer retaliation, reinforcing the importance of legal protections for injured employees.

How to Protect Yourself When Filing a Workers' Compensation Claim

Taking proactive steps can help reduce the risk of retaliation:

• Follow Proper Reporting Procedures: Report your injury as soon as possible and document all interactions with your employer regarding the claim.
• Keep Copies of Documentation: Maintain records of medical reports, correspondence with HR, and any performance evaluations.
• Communicate Professionally: Avoid confrontations and keep all discussions regarding your claim professional and documented.
• Know Your Rights: Understanding Connecticut's workers' compensation laws can empower employees to recognize illegal retaliation.

Conclusion

Workers' compensation laws in Connecticut exist to protect employees who suffer workplace injuries, but many workers hesitate to file claims out of fear of retaliation. While Connecticut law prohibits employers from firing employees solely for filing a claim, at-will employment allows for termination under lawful circumstances. Employees who suspect retaliation have legal avenues to pursue, including filing a complaint with the Workers' Compensation Commission and seeking legal representation. Understanding your rights and documenting any potential retaliation can help safeguard your employment status while ensuring you receive the benefits you deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

If you are facing any of these workplace issues, don’t wait to take action. At Brandon J. Broderick, Attorney at Law, we are committed to advocating for employees and ensuring they receive the legal protection they deserve. Our legal team will fight for your rights, whether through negotiation or litigation.

Call us today for a free consultation to discuss your case.