Unfortunately, yes.
Arizona law prohibits employers from firing an injured employee strictly because they filed a workers’ compensation claim, and your employer cannot prevent you from filing a claim by firing you. However, injured status doesn’t protect your job, even if your employer is at fault for your injury.
Most Arizona workers are considered “at-will” employees, meaning that both the employee and employer are able to end the employment relationship at any time and for nearly any reason at all, with or without notice.
As an “at-will” employee receiving workers’ compensation benefits, this means you can be let go at any time for any reason that’s deemed legal. So while the employer may claim they didn’t fire you in retaliation for filing a workers’ comp claim, the underlying motives may prove otherwise.
Proving that you were fired for filing a workers’ comp claim can be extremely difficult. You’ll need to provide clear and definitive evidence against your employer that shows you were fired for no other reason than for filing a work injury claim. Our workers’ compensation attorneys can obtain performance reports and personal statements made by your boss to prove that your termination was retaliatory.
Sometimes employees are even forced to quit their jobs because they become permanently unable to perform the job. Regardless of your current relationship to your employer, you are entitled to file a claim. Remember, your claim is processed and paid by the insurance carrier, not your employer.