Suffering a work injury can be a stressful experience. It is often made worse by fears about job security. Many employees in Massachusetts (MA) worry about the possibility of being fired after a work injury in MA.

Fortunately, Massachusetts law provides certain protections. These ensure that you are not unfairly dismissed due to your injuries or efforts to secure workers’ compensation benefits. This article explores the legal framework in Massachusetts and your rights as an injured employee under these laws.

Is Termination Legal After a Work Injury in MA?

Massachusetts (MA) follows the doctrine of at-will employment. This means employers can terminate employees at any time, for any reason, or even for no reason at all. However, this flexibility is limited. There are critical exceptions, especially for those who suffer injuries on the job.

At-Will Employment

At-will employment means your employer can dismiss you without giving notice. This is allowed as long as the reason is not illegal. Similarly, you can leave your job without notice or explanation.

Exceptions to At-Will Employment for Injured Workers

While at-will employment applies broadly in MA, state and federal laws protect injured workers. Employers cannot terminate you for reasons such as:

  • Filing a workers’ compensation claim.
  • Reporting unsafe working conditions.
  • Taking medical leave due to a work-related injury.

These laws protect you from unfair dismissal after a work injury in Massachusetts. However, proving retaliation or wrongful termination can be challenging without legal expertise. Having an attorney helps you receive the protection and compensation you deserve.

Legal Rights for Injured Employees in MA

Massachusetts (MA) provides several legal protections to employees who are injured on the job, ensuring that their rights are upheld while they recover. These laws address concerns about job security and retaliation when filing for workers’ compensation.

Filing a Workers’ Compensation Claim

When you file a workers’ compensation claim in MA, it can understandably raise concerns about your job security. However, Massachusetts laws are clear: you are protected from retaliation for exercising your right to seek compensation for a work injury in MA. Employers cannot:

  • Terminate you for filing a claim.
  • Create a hostile work environment due to your injury.
  • Penalize you for pursuing medical treatment or wage replacement benefits.

These protections are enforced under Massachusetts Workers’ Compensation Act, Section 75B, which prohibits retaliation against injured employees. If you experience any form of retaliation, you should consult an attorney to safeguard your rights and get fair treatment.

Employer’s Obligations After a Work Injury

Employers in Massachusetts must adhere to specific obligations when dealing with injured workers. These include:

  • Reemployment Preferences: Under MGL, Section 75A, employers are required to prioritize rehiring you if you are medically cleared to return to work. This leads you to have a fair chance to resume your role or transition to a suitable position.
  • Providing Reasonable Accommodations: If your injury results in a disability, employers are obligated to make reasonable accommodations under the Americans with Disabilities Act (ADA). This might include modifying work duties, adjusting schedules, or providing specialized equipment.

These measures ensure that employers support your recovery and reintegration into the workforce after a work injury in Massachusetts.

When employers fail to meet these obligations, legal support may be necessary. Speaking with an attorney can provide injured employees with the confidence to focus on recovery and secure the support they deserve.

What Happens If You’re Fired After a Work Injury in MA?

Termination following a work injury in MA is a complicated issue. Massachusetts laws are designed to protect employees from unfair dismissal or retaliation. However, there are situations where termination is legally permissible, as well as scenarios where it is unlawful.

Continuation of Workers’ Compensation Benefits

If you are fired while receiving workers’ compensation benefits, these benefits typically continue as long as you meet the legal and medical requirements. Termination does not automatically stop:

  • Medical benefits: Ongoing treatment for your workplace injury remains covered.
  • Lost wages: Disability payments, whether temporary or permanent, continue to support your income during recovery.

These benefits are linked to your injury, not your employment status. If an employer challenges your eligibility, legal assistance may be necessary to protect your rights. A Work Injury lawyer can assist you in receiving the full benefits you’re entitled to.

Legal vs. Illegal Termination

It is important for you to understand the difference between lawful and unlawful termination after a work injury in Massachusetts.

Legal Termination

Employers can terminate you for valid reasons unrelated to your injury or workers’ compensation claim. For example:

  • Violation of company policies.
  • Inability to perform essential job duties due to the injury.
  • Lack of available positions that fit your limitations.
  • Excessive costs associated with accommodating your disability.
  • Poor work performance unrelated to your injury.

Illegal Termination

Employers cannot fire you as retaliation for filing a workers’ compensation claim or reporting unsafe working conditions. Actions like these violate Massachusetts law and are considered wrongful termination.

Examples of Wrongful Termination

Wrongful termination occurs when an employer dismisses you in violation of state laws. Common examples include:

  • Firing you shortly after filing a workers’ compensation claim.
  • Terminating you without considering reasonable accommodations for your disability.
  • Claiming your injury prevents you from working but failing to explore alternatives.

If your termination feels unfair or retaliatory, legal action may be necessary. A lawyer can evaluate your case, help gather evidence, and make your employer hold accountable.

Legal Options for Employees Fired After a Work Injury in MA.

Massachusetts laws are in place to safeguard employees from being treated unfairly. Understanding these protections and knowing how to respond can empower you to take control of the situation and defend your rights.

How to Identify Wrongful Termination

To recognize wrongful termination is the first step to protecting yourself. Employers are not allowed to retaliate against you for filing a workers’ compensation claim or taking medical leave after a work injury. Some common signs of retaliation include:

  • You are fired shortly after filing a claim or reporting unsafe conditions.
  • Your employer suddenly criticizes your work performance without prior issues.
  • You notice a hostile work environment aimed at pressuring you to quit.
  • Your employer refuses to provide reasonable accommodations for your injury.

If any of these situations sound familiar, it’s important to act quickly. Wrongful termination is illegal, and you have options to fight back.

Steps to Take if You Are Fired

Facing termination after a work injury in MA can be intimidating, but you don’t have to face it alone. Here are the steps you should take:

  1. Document Everything: Keep records of emails, conversations, and any notices related to your termination. These details can help build your case if you need to take legal action.
  2. File a Complaint Under Massachusetts Law: You can report wrongful termination or retaliation to the appropriate authorities. In Massachusetts, this could involve filing a complaint with the Attorney General’s Office or the Equal Employment Opportunity Commission (EEOC).

Take Action

A work injury in MA can be stressful. Losing your job or dealing with legal issues makes it even harder. Luckily, Massachusetts laws protect you from unfair treatment, retaliation, and wrongful termination. These laws let you focus on your recovery without added worries.

If you’ve been fired or treated unfairly after an injury, take action. Know your rights and gather evidence. Filing complaints and understanding your legal options can help protect you.

You don’t have to handle this alone. We relentlessly help our wrongfully dismissed clients fight for their rights and get their life back on track after an injury. We’ll guide you through the process, protect your benefits, and hold employers accountable.

If you want to get clarity on your situation and learn how to best defend your rights, contact us today for a free consultation. Let’s work together to get the fair treatment you deserve.


Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Raipher, P.C. through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your specific situation.

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