Are employers allowed to terminate employees for filing workers' compensation claims?

In Washington, employers are generally not allowed to terminate employees for filing workers’ compensation claims. Under Washington’s employment discrimination law, it is illegal for an employer to retaliate against an employee for asserting a workers’ compensation claim. An employee has the right to file a claim for workers’ compensation without fear of workplace discrimination or termination. It is important for employees to remember that they have a right to file a workers’ compensation claim without fear of being retaliated against or terminated. If an employee believes they have been wrongfully terminated because they filed a workers’ compensation claim, they may file a complaint with the Washington Human Rights Commission. The Commission will investigate the complaint and issue a decision as to whether the employers’ actions were unlawful. Washington is a “right to work” state. This means that employers may not terminate or refuse to hire an employee based on their workers’ compensation claim. The employer can require the employee to provide medical evidence that the employee is able to perform the essential duties of their job. However, employers cannot refuse to hire or terminate an employee if they are able to provide evidence that they are eligible for disability or workers’ compensation benefits.

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Are employers allowed to terminate employees for filing workers' compensation claims?

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