Filling a workers’ compensation claim after sustaining a serious injury can be a stressful time for an employee. One of the main concerns that often arise during this situation is whether your job security can be jeopardized for filing a claim.

Reasons for Termination after Filing a Workers’ Compensation Claim

In Nevada, employers cannot fire an employee for the sole reason that he or she filed a workers’ compensation claim. This would be considered an act of retaliatory termination and is illegal.

However, this does not mean that an employee cannot be fired after he or she has filed a workers’ compensation claim.

Any at-will employee who has filed a workers’ compensation claim can still be fired for misconduct or poor performance or laid off as part of a planned mass layoff.

Similarly, contract employees are also entitled to benefits as laid out in the agreement made when they were hired. While contract employees can be fired for specifically chosen reasons listed in their contract, they are still protected from retaliation for filing a workers’ compensation claim.

Proving retaliatory termination requires evidence that shows your employment was ended on the sole basis that you filed a workers’ compensation claim. This may not be an easy task and will require the help of an experienced Las Vegas workers’ compensation lawyer.