Workplace injuries can be a source of great stress, especially for breadwinners who depend on their income to support their families. The fear of losing your job after an injury can add to this anxiety. However, Hawaii has laws protecting workers from unfair treatment following a workplace accident. Understanding these protections can make you feel more secure in your rights and options in this challenging situation.
Can you lose your job after an injury there?
The short answer is no. Hawaii law prohibits firing or discriminating against you for reporting a work injury or filing a workers’ compensation claim. If your employer violates this law, you may have grounds for a wrongful termination lawsuit.
However, it is essential to note that you are not indispensable. Your employer can still terminate your employment for other valid reasons like inferior performance or company downsizing. The key is that the injury or workers’ compensation claim cannot be the reason for your termination.
What if you are a new employee when you sustain the injury?
You might worry that you have fewer rights if you are a new employee. However, your job length in Hawaii does not affect your protection under workers’ compensation laws. The law requires your employer to provide compensation benefits if you get hurt at work, even on your first day. However, new employees should know some things:
- You may still be on probation, so your employer can terminate you more easily for non-injury reasons.
- If you do not have a consistent wage history, calculating your benefits might be more complex.
Despite these factors, you can file a claim without fear of retaliation, whether you are a new employee or not.
How can you protect your rights after a workplace injury?
Dealing with a workplace injury can feel stressful and overwhelming. You might worry about your job security; however, Hawaii law offers strong protections. An attorney who knows Hawaii’s workers’ compensation laws can help you. They can guide you through the claims process, help you gather necessary documentation, and represent you if any disputes arise with your employer or insurance company.