Maine Notice of Controversy for Workers' Compensation

The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim. However, your employer can fire you while you have an open workers' compensation claim.

Workers' compensation insurance doesn't cover unemployment expenses, injuries that occur outside of work or wrongful termination. It doesn't cover injuries resulting from fights at work, alcohol- or drug-related injuries on the job.

In most cases, the settlement you would receive is calculated based on your damages, the losses you incurred as a result of the wrongful termination. These damages need to be proven with documents for them to be taken seriously by a court or jury, and the employer.

While the average settlement for wrongful termination cases in California is around $40,000, the average value of a court verdict in wrongful termination cases is slightly larger, around $45,000 (but do keep in mind that attorney fees for legal representation in a wrongful termination trial will skyrocket, too).

A prospective employer has no right to ask whether you have had a previous workers' compensation claim. However, a prospective employer does have the right to know if you have an injury or medical condition that will impact on your ability to perform your work duties.

Some of the common reasons workers compensation insurance companies stop paying benefits are:Your employer offers you suitable light duty work. A doctor says you have reached maximum medical improvement. The insurance company determines you were injured somewhere other than work, and.

What RTW / workers' comp information IS confidential? While relevant, recent, work-related medical information is usually not confidential, other medical informationsuch as the individual's medical historyis confidential.

The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.

A wrongful termination is any firing that is done in violation of federal, state, or local laws; the terms of an employment agreement; or for reasons that go against public policy.