Getting injured at work is stressful enough without worrying about losing your job. Many injured workers hesitate to file workers’ compensation claims because they fear retaliation from their employer. The good news is that Massachusetts law protects you from being fired simply for exercising your right to seek benefits after a workplace injury.
Massachusetts Law Prohibits Retaliation
Under Massachusetts General Laws Chapter 152, Section 75B, it is illegal for any employer to discharge, refuse to hire, or discriminate against an employee because they filed a workers’ compensation claim. The law specifically states that no employer can retaliate against a worker who has exercised a right under the workers’ compensation act or cooperated with an inquiry or proceeding related to a claim.
This protection exists because workers’ compensation is a fundamental right in Massachusetts. Every employee deserves to seek medical treatment and wage replacement benefits when injured on the job without fear of losing their livelihood.
What Counts as Retaliation?
Retaliation doesn’t always mean outright termination. Employers may retaliate in more subtle ways, including:
- Firing or laying you off shortly after filing a claim
- Demoting you or reducing your hours
- Giving you suddenly negative performance reviews despite a good work history
- Creating a hostile work environment to pressure you into quitting
- Denying you promotions or raises you otherwise would have received
- Assigning you to undesirable shifts or positions
- Refusing to provide reasonable accommodations for your injury
All of these actions are illegal if they’re motivated by your workers’ compensation claim.
When Can an Employer Legally Fire You?
While you’re protected from retaliation, Massachusetts employers can still terminate employees for legitimate, non-retaliatory reasons. An employer may legally fire you if:
There’s a Valid Business Reason: If you violated company policy, had performance issues that existed before your injury, or the company is conducting legitimate layoffs, termination may be legal even if you recently filed a claim.
You Cannot Perform Your Job Duties: If your injury prevents you from performing the essential functions of your position, even with reasonable accommodations, your employer may need to replace you. However, Massachusetts law requires that the employer give you preference over other applicants when you’re able to return to work and a position becomes available for which you’re qualified.
The key question is motive. Was the termination because you filed a workers’ compensation claim, or was there a legitimate, independent reason?
Proving Retaliation
To prove workers’ compensation retaliation in Massachusetts, you must show:
- You engaged in protected activity (filing a claim, testifying in a proceeding, cooperating with an investigation)
- Your employer knew about the protected activity
- Your employer took an adverse employment action against you
- The protected activity was a substantial or motivating factor in the employer’s decision
Timing Matters: One of the strongest pieces of evidence is timing. If you’re fired days or weeks after filing a workers’ compensation claim, with no prior performance issues, this suggests retaliation. Courts pay close attention to how much time passed between your claim and any adverse action.
Direct Evidence: Comments from supervisors or managers can provide powerful evidence. Statements like “you’re causing too many problems” or “we can’t afford to keep workers who file claims” directly show retaliatory intent.
Pretextual Reasons: Often, employers will claim they fired you for poor performance or policy violations, when these are really just excuses (pretexts) to mask retaliation. Sudden negative performance reviews, newly enforced policies, or manufactured violations that appear only after you filed your claim can demonstrate pretext.
Your Benefits Continue Even If You’re Fired
Here’s an important fact many injured workers don’t know: being fired does not automatically stop your workers’ compensation benefits. If you were injured on the job and reported the injury before termination, you remain eligible for:
- Medical benefits for treatment of your work injury
- Temporary disability payments if you cannot work
- Permanent disability benefits if your injury results in lasting impairment
Your workers’ compensation benefits are tied to your injury, not your employment status. Your former employer’s insurance company must continue paying legitimate claims.
What to Do If You Face Retaliation
If you believe you’ve been fired or otherwise retaliated against for filing a workers’ compensation claim:
Document Everything: Keep copies of your workers’ compensation claim, any communications with your employer about your injury, performance reviews, and any evidence of changed treatment after filing your claim.
File a Complaint with the DIA: You can file a complaint with the Massachusetts Department of Industrial Accidents within two years of the alleged retaliation. The DIA will investigate and can order remedies if they find your employer violated the law.
Consider a Civil Lawsuit: You also have the right to file a civil lawsuit against your employer for retaliatory discharge. Successful retaliation claims can result in:
- Job reinstatement
- Back pay for lost wages
- Front pay if reinstatement isn’t feasible
- Compensation for emotional distress and humiliation
- Attorney’s fees and costs
Consult an Attorney: Workers’ compensation retaliation cases are complex. An experienced Massachusetts workers’ compensation attorney can evaluate your situation, gather evidence, and pursue all available remedies.
Additional Protections Under Federal Law
Beyond Massachusetts workers’ compensation protections, you may have additional rights under federal laws:
Family and Medical Leave Act (FMLA): If you work for an employer with 50 or more employees and you’ve worked there for at least 12 months, FMLA protects your right to take up to 12 weeks of unpaid leave for a serious health condition. Firing you for taking FMLA leave is illegal.
Americans with Disabilities Act (ADA): If your work injury results in a disability, the ADA requires employers with 15 or more employees to provide reasonable accommodations. Firing you rather than accommodating your disability can violate federal law.
Don’t Let Fear Stop You From Filing
The fear of losing your job is real, but it shouldn’t prevent you from getting the benefits you’re legally entitled to after a workplace injury. Massachusetts law exists specifically to protect workers like you from employer retaliation.
If you’re injured at work:
- Report your injury to your employer immediately
- Seek necessary medical treatment
- File your workers’ compensation claim
- Document all interactions with your employer
- Contact an attorney if you experience any form of retaliation
Remember, employers who retaliate face serious legal consequences. Most understand this and comply with the law. Those who don’t can be held accountable through the administrative process and civil courts.
Your right to file a workers’ compensation claim is protected by law. Don’t sacrifice your health and financial security out of fear. If you’ve been injured at work, you deserve medical care and wage replacement benefits, and the law is on your side.
Attorney Blair E. Weigand — Helping those with legal questions for 35 years and counting.