Can You Be Fired for Reporting a Work Injury?

Each year, thousands of employees experience workplace injuries. While reporting these incidents is crucial for ensuring safety and securing compensation, many workers hesitate out of fear of retaliation. But is it legal for your employer to fire you for reporting an injury?

The concern is not unfounded. According to the U.S. Bureau of Labor Statistics (BLS), around 2.8 million nonfatal workplace injuries and illnesses were reported in the private sector in 2022. 

Unfortunately, many employees who report their injuries face backlash. In fact, the Occupational Safety and Health Administration (OSHA) received over 3,200 retaliation complaints in 2021 alone, filed under Section 11(c) of the Occupational Safety and Health Act.

Understanding your rights and your employer’s responsibilities is essential in these situations.

How to Report a Work Injury

Reporting a workplace injury is a critical step in protecting both your health and your legal rights. According to the Occupational Safety and Health Administration (OSHA), employers are required to maintain records of workplace injuries and illnesses under the Occupational Safety and Health Act. 

Following proper procedures can ensure you receive necessary medical care and potential compensation.

Here’s how to report a work injury effectively:

• Notify your supervisor immediately: Most workplaces have policies requiring immediate reporting.
• Fill out a work injury report form: Your employer should provide a standardized form to document the incident.
• Seek medical attention: Even minor injuries should be evaluated by a medical professional.
• Follow up: Track your injury progress and maintain records of medical visits, treatments, and any communication with your employer or insurance provider. 

By promptly reporting incidents and seeking medical attention, employees not only safeguard their health but also contribute to a safer work environment by helping employers address potential hazards.

What to Do After a Work Injury

Following these guidelines will help ensure your case is properly documented and your rights are upheld.

• Document everything: Maintain thorough records of the incident, including photographs, witness statements, and copies of all medical reports.
• Know your rights: Familiarize yourself with your state’s workers’ compensation laws. Most employees are entitled to benefits that cover medical expenses, lost wages, and rehabilitation.
• Consult an attorney: According to the American Bar Association (ABA), an experienced workers’ compensation attorney can help navigate complex legal procedures and ensure fair treatment.

Taking control of your recovery process, understanding your rights, and seeking legal advice when necessary will help you secure the compensation and support you deserve.

Employer Responsibilities for Work Injury Reports

Under the Occupational Safety and Health Administration (OSHA) guidelines, employers with more than ten employees are required to maintain records of serious work-related injuries and illnesses using OSHA’s Form 300.

Employer responsibilities include:

• Providing necessary forms: Employers must supply the required forms for documenting the injury, including any state-specific workers’ compensation forms.
• Notifying the insurance carrier: After receiving a report, employers are responsible for informing their workers’ compensation insurance provider promptly. In most states, this must occur within a specific timeframe.
• Cooperating with investigations: Employers must participate in any investigation conducted by OSHA, the insurance company, or other regulatory agencies.
• Preventing retaliation: It is illegal for employers to retaliate against employees who report workplace injuries. 

By fulfilling these responsibilities, employers foster a safer, more transparent work environment while ensuring compliance with legal standards.

Legal Requirements for Reporting a Work Injury

Under federal and state laws, retaliation against employees for reporting workplace injuries is illegal. The Occupational Safety and Health Act (OSHA) protects workers who report unsafe conditions or injuries.

Reporting a workplace injury should never put your job at risk. If you face retaliation for doing so, remember that legal options are available. Protect your rights by staying informed and seeking the support of experienced attorneys.

If you believe you’ve been unfairly terminated or retaliated against, seeking legal guidance can help you understand your options. Experienced legal professionals can evaluate your case, explain your rights, and support you in pursuing the compensation you deserve.