Delaware Injury Law Blog

Can my employer fire me for filing a workers' compensation claim?

More than 4.1 million workers sustain serious work-related injuries each year in the United States, according to the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). After an on-the-job accident, injured workers may face significant physical and financial challenges. Oftentimes, Delaware workers' compensation benefits can help alleviate some of the financial stress associated with a workplace injury. However, injured workers are sometimes hesitant to file a workers' compensation claim, fearing that doing so will jeopardize their employment.

Delaware Workers' Comp Laws

Delaware's workers' compensation laws expressly forbid employers from discriminating against or firing an employee simply because they've submitted a claim for workers' compensation benefits, or have testified or plan to testify in a workers' compensation case. While this may sound like good news, injured workers shouldn’t breathe a sigh of relief just yet. As an at-will employment state, employers in Delaware have the right to fire a worker at any time, for any reason—or even no reason at all—and they aren't even legally required to give the employee notice.

Unscrupulous employers can put an injured workers' ability to collect workers' compensation benefits for an on-the-job injury in serious jeopardy. Fortunately, an experienced and knowledgeable Wilmington, DE workers' compensation lawyer can help injured workers protect their rights.

Our Skilled Delaware Workers' Compensation Lawyers Can Help Navigate the System

If you were injured in a Delaware on-the-job accident, workers' compensation benefits can help cover your medical expenses, lost wages, and more. However, some employers may try to use the “at-will employment” loophole to deny you the benefits you deserve. Don't let this happen to you. Attorneys with the Morris James Personal Injury Group can review your case and help you understand your options. Contact us today to schedule an appointment for a free initial case consultation.

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