Wednesday, November 11, 2009

Lawsuit for discharging employee after workers compensation claim

From the employer’s perspective: even if you win; you may lose! An employee has recently filed a civil lawsuit against a construction company when he was hurt on the job and subsequently let go after a short period of light duty.

The employee allegedly had a back injury and filed a workers compensation claim. He thereafter returned to work on light duty but after about a month was told, “your services are no longer required.” He now claims that he was fired in “retaliation” for filing the workers compensation claim.

If something like this happened at your company, would your workers compensation insurance pay for a judgment or settlement? Would there be coverage under the Commercial Package Policy or Business Owners Policy? Even if you win the case, would any insurance coverage pay the attorneys’ fees for defense?

The answer to these questions is usually – NO!

These are important questions involving the financial security of your business. It is always a good idea to have a qualified insurance professional or your attorney review this in advance. We can be reached at js@theinsuranceadvisory.com or jc@theinsuranceadvisory.com


Please see “Workers Comp Insurance refunds – click here” at the very bottom of this page to see our informative web page. Your company may have been overcharged by the insurance carrier in the past. We get your money back!

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