Getting hurt at work is stressful enough. One of the biggest fears injured workers have is, “Can my employer fire me while I’m on workers’ comp?” The short answer: your employer cannot legally fire you because you filed a workers’ compensation claim. But the full answer is a little more complicated.
Retaliation Is Not Allowed
In Nebraska, it is illegal for an employer to retaliate against you for filing a workers’ compensation claim. Retaliation can include firing you, cutting your hours, demoting you, or punishing you for reporting a work injury.
If you were fired or treated differently shortly after reporting an injury, that timing alone can be a red flag.
When Employers Can Terminate Employment
Nebraska is an “at-will” employment state. That means employers can fire employees for many reasons — as long as the reason is not illegal. For example, an employer may legally terminate employment if:
- Your job is eliminated
- You violated company policy
- You cannot perform the essential functions of your job even with restrictions
- The business is downsizing
What they cannot do is fire you because you were injured or because you filed a workers’ comp claim.
Being Fired Does NOT Automatically End Your Workers’ Comp Benefits
Even if you are fired, your workers’ compensation case does not just disappear. You may still be entitled to:
- Medical treatment
- Wage benefits
- Mileage reimbursement
- Disability benefits
Your benefits are tied to your injury, not whether you are still employed.
Signs Something Isn’t Right
You may want to talk to a workers’ comp attorney if:
- You were fired shortly after reporting an injury
- Your employer suddenly started writing you up after you got hurt
- You were pressured to quit
- You were told filing a claim would “cause problems”
Bottom Line
Your job and your workers’ compensation rights are two separate things. Being injured at work does not give your employer the right to punish you. If something feels off, getting legal advice early can protect both your job rights and your benefits.