Can You Be Fired After a Work Injury in West Virginia?
At West Law Firm, our West Virginia work accident lawyers know how stressful it can be to suffer an injury at work. On top of the physical pain and financial strain, many injured workers worry about their job security. Some even face the devastating reality of being discriminated against or wrongfully terminated because they filed a workers’ compensation claim or took time off to heal.
If this has happened to you, know that West Virginia law protects injured workers from employer retaliation — and you may have legal options.
What the Law Says About Employer Retaliation After a Work Injury in West Virginia
West Virginia law makes it clear: employers cannot fire or discriminate against employees for seeking workers’ compensation benefits.
- W. Va. Code § 23-5A-1 states: “No employer shall discriminate in any manner against any of his present or former employees because of such present or former employee’s receipt of or attempt to receive benefits under this chapter.”
- W. Va. Code § 23-5A-3 goes further, limiting an employer’s ability to terminate employees who are off work because of a compensable injury. With some exceptions, an employer must reinstate an employee to the same or similar position once they are medically able to return to work.
The West Virginia Supreme Court has also held that firing someone for pursuing workers’ compensation benefits violates the state’s strong public policy. In the case of Shanholtz v. Monongahela Power Co., the Court recognized that retaliatory discharge for filing a claim is unlawful.
Examples of Employer Discrimination After a Work Injury
Unfortunately, some West Virginia employers — either out of misunderstanding or disregard for the law — retaliate against injured workers. Examples may include:
- Firing an employee shortly after they report a workplace injury or file for WV workers’ comp benefits.
- Reducing hours or pay as punishment for filing a workers’ compensation claim.
- Denying promotions or advancement opportunities because of a work-related injury.
- Harassing or pressuring employees to drop a workers’ compensation claim.
- Failing to rehire or reinstate an employee who is medically able to return to work.
If you’ve experienced any of these after a work injury, you may have a valid claim for wrongful termination or employment discrimination.
At-Will Employment vs. Legal Protections
West Virginia is an at-will employment state, which generally means employers can fire employees for almost any reason. However, there are important exceptions:
- Employers cannot fire someone for an illegal reason — including as retaliation for filing a workers’ compensation claim.
- Employers cannot discriminate based on a disability under the West Virginia Human Rights Act. If your work injury leaves you with a temporary or permanent disability, you may have additional protections, including the right to request a reasonable accommodation.
What to Do If You Were Fired After a West Virginia Work Injury
If you believe you were wrongfully terminated or discriminated against after a workplace injury:
- Document everything. Keep copies of medical notes, termination letters, emails, and any evidence of retaliation.
- File a workers’ compensation claim if you haven’t already. Your right to workers’ comp benefits is separate from any wrongful termination claim.
- Speak with an experienced West Virginia employment and work injury attorney. At West Law Firm, we can review your situation, explain your rights, and help you pursue the compensation and justice you deserve if you have been seriously injured at work.
How West Law Firm Can Help
At West Law Firm, we’ve helped many workers seriously injured at work in West Virginia recover the compensation they deserve and need. With decades of experience, we understand both West Virginia work accident laws and the employment protections that apply.
We are committed to providing exceptional, caring legal service and financial results for every client. If you believe you’ve been wrongfully fired or discriminated against after a workplace injury, we are here to help.
Free Consultation – No Fee Unless You Win
If you or a loved one has been fired or treated unfairly after a work-related injury, call West Law Firm today for a free consultation. Our office is conveniently located in Charleston, West Virginia, and we proudly serve clients throughout the state.
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At West Law Firm, there’s no fee unless you win.
Frequently Asked Questions
No. West Virginia law (W. Va. Code § 23-5A-1) makes it illegal for an employer to fire or discriminate against you because you filed or attempted to file a workers’ compensation claim.
Employers may try to give another explanation, but if your work injury claim was a significant factor in their decision, that may still be unlawful retaliation.
Yes. Under W. Va. Code § 23-5A-3, your employer cannot terminate you solely because you are temporarily unable to work due to a compensable injury. Once you are medically able, you may be entitled to reinstatement if your position is available.
Document everything and contact an experienced West Virginia wrongful termination attorney for a free consultation.
Brooks West is a distinguished West Virginia personal injury attorney and the founder of West Law Firm. Since beginning his legal career in 2005, he has been a tireless advocate for those injured due to the negligence of others.
Brooks is ranked by Best Lawyers, and his exceptional legal skills and dedication have earned him the prestigious Martindale-Nolo AV Preeminent Rating, an accolade bestowed on attorneys who demonstrate the highest levels of professional excellence and ethical standards. Brooks is also a member of both the Million Dollar Advocates Forum and the Multimillion Dollar Advocates Forum, reflecting his track record of securing multimillion dollar results for his clients.
Throughout his career, Brooks has demonstrated unwavering dedication to helping injured individuals and their families. If you’ve been hurt in an accident, Brooks West and his team at West Law Firm are ready to fight for the compensation you deserve.
Lance Bork