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Can I Be Laid Off While on Workers’ Comp? | CT Workers’ Comp Lawyers

Workers’ compensation law and the Family and Medical Leave Act significantly restrict and frequently prohibit employers from discharging injured employees.

However, there are still circumstances in which an employer may legally lay off or discharge an injured worker. For instance, if an employer was planning on laying off the employee prior to them sustaining the injury, the fact that they are away from work on temporary disability leave doesn’t necessarily protect them from a layoff or other termination.

If an employee is let go, the employer must show there were reasons for firing them or laying them off outside of them filing a workers’ compensation claim.

With Connecticut and federal employment and benefits laws governing workers’ compensation claims, there has been a dramatic increase in wrongful discharge and disability discrimination complaints and lawsuits against Connecticut employers.

I Was Fired After Filing a Workers’ Compensation Claim; What Now?

An employer cannot fire or lay off someone solely because they filed a workers’ compensation claim. If they do, it might be considered a case of illegal retaliation. Federal law considers it illegal retaliation when an employer terminates an employee for reporting a workplace injury or filing a workers’ compensation claim.

The Connecticut Workers’ Compensation Act states that an employer may not discharge or discriminate against an employee because they have filed a workers’ compensation claim or are exercising their rights under the act.

In most situations, an employer won’t downright tell an employee they’re being fired over their workers’ compensation claim. Employers are aware that this would likely lead to a lawsuit. An employee who believes they have been the victim of unlawful retaliation can sue the employer for wrongful termination and should try to gather evidence to prove their suspicion.

Call Carter Mario To Defend Your Rights

If you believe you may have been let go due to filing a workers’ compensation claim, you should contact an experienced workers’ compensation attorney as soon as possible. The lawyers at Carter Mario will look at the facts of your case, explain how the law applies to your situation, and protect your rights.

When denied workers’ compensation benefits, let Carter Mario Law Firm help you. Call (203) 876-2711 today or submit a FREE Initial Consultation Form. We know benefit denial claims and stand ready to help you receive the fair and full compensation you deserve.

Client Victories

We’ve Recovered Over $1 Billion for Clients
Just Like You


$17M

Rear-End Collision

Our client sustained a significant injury to his cervical spine after a rear-end crash. After receiving a low initial offer from the insurance company, we fought hard for our client to get him the settlement he deserved.

$4M

Medical Misdiagnosis

Our client’s doctor misread an x-ray causing a delayed diagnosis of sarcoma, which resulted in our client’s death.

$3.9M

Failure to Treat

Gastroenterologist and primary care doctor failed to treat or transfer our client who was hospitalized for GI bleeding, which resulted in our client’s death.

$3.4M

Failure to Diagnose

Our client’s doctors failed to diagnose him with abdominal cancer, resulting in his death.

$3.4M

Medical Malpractice

Our client suffered brain damage, paralysis, and speech deficits after undergoing a bedside procedure.

$3.3M

Brain Damage

Our client suffered brain damage after their breathing tube was misplaced.

$3M

Failure to Diagnose

Our client’s doctor failed to diagnose Fournier’s Gangrene, resulting in necrotizing fasciitis, sterility, abnormal gait, and muscle loss.

$2.6M

Personal Injury Resulting in Death

Our client, an innocent bystander to a bar room brawl, required surgery for a ruptured Achilles tendon. After the surgery, our client developed a pulmonary embolism, resulting in his death.

$2.5M

Gas Poisoning

Our client suffered from carbon monoxide poisoning with cognitive loss after an on-site contractor ran gas engines during business hours.

Why choose Carter Mario?

We want justice and what’s best for you and your case. Here’s our promise:

  • A Team That Puts You First!

    Our clients are our #1 priority and everything we do is focused on getting you the best result! You are the reason we became lawyers. To the insurance company, you are no more than a claim number but to us, it’s personal. We’re here for you 24/7, 365 days a year. We communicate often and call you back the same day or lunch is on us. We believe an informed client is a happy client. You are the reason we fight!

  • Over $1 Billion Recovered!

    For over 30 years, we’ve fought fiercely and tirelessly against Big Insurance and won countless victories for our clients. You were already hurt physically when you came to us, but we make sure you aren’t hurt financially when you leave. Our goal is to give you a better tomorrow.

  • Experience On Your Side!

    No obstacle is too big. Our seasoned attorneys were handpicked and know how to hold the insurance companies accountable. We have experience in and out of the courtroom. Our attention to detail and in-depth investigation helps identify key evidence we use to prepare your case. Our attorneys have the knowledge, the dedication, and the passion it takes to win. They love what they do.

  • We Have a Large War Chest!

    When we go to trial, we are battle ready, but taking a case to trial takes more than confidence, experience, and commitment. It takes cutting edge technology and a War Chest to support the costs of zealous representation. Many firms aren’t willing or don’t have the resources and financial stability to front your costs and maximize your case. We’ll spend whatever it takes to get you every penny you deserve!

  • Making the Law Make Sense!

    At Carter Mario Law Firm, our mission is to make the law make sense. You’ve been injured and it wasn’t your fault. Life is suddenly overwhelming and confusing, and you don’t know where to turn. You need help, but it matters who you get. Let us come to your rescue. We’ll do the work, so you don’t have to. You can focus on you!

You Pay Us Nothing Until
We Win Your Case

Call (203) 876-2711 or Contact Us For a No-Obligation Case Evaluation. Our attorneys are standing by to evaluate your case, answer any questions, or discuss your next steps. Getting the compensation you deserve starts here!



    Client Testimonials

    Such a great experience

    "I had such a great experience with Carter Mario Law Firm. Everyone was amazing, helpful and comforting during this stressful time."

    - Michelle P.

    It felt really good to have someone

    "My son suffered an injury after being hurt in a car accident, and it felt really good to have someone fighting for the person you love."

    - Alex M.

    Tough and fearless

    "Look no further, you have found the best personal injury law firm in Connecticut. Tough and fearless, and I cannot think of anyone better to represent me."

    - Phillip Y.

    Attention to detail

    "Look no further, you have found the best personal injury law firm in Connecticut. Tough and fearless, and I cannot think of anyone better to represent me."

    - John L.

    Took so much stress off of me

    "When I had my work-related injury, Carter Mario took on the workers’ comp insurance company that tried to belittle me and dealt with them, which took so much stress off of me. Thank you so much."

    - Ruth H.