Employer Retaliation



Employers are not allowed to fire you for making a claim for benefits under the Alabama Workers' Compensation Act. Alabama is an at-will employment state. This means your employer can fire you for "a good reason, a bad reason, or no reason at all." However, this general rule does not apply if the reason is because you filed a claim for workers' compensation benefits. In that case, your employer is not legally allowed to fire you, and if they fire you because you filed a claim for workers' compensation benefits, then there arises a claim for what's known as Employer Retaliation.

Employer Retaliation Claims Are Hard To Prove

The bad news is that the Alabama Workers' Compensation Act is very strict on Employer Retaliation claims. The law states that the employee's claim for workers' compensation benefits has to be the "sole reason" for the termination. Therefore, employers often start to look for additional reasons to terminate injured employees to conceal the true reason for the injured employee's termination. The burden then shifts to the injured employee to prove that the stated reasons are just a smoke-screen to cover the real reason for the injured employee's termination - the injury.

Because of the complexities of an Employer Retaliation claim, I cannot give you more detail about how your claim would unfold without speaking with you. Employer Retaliation claims and wrongful terminations are heavily reliant on the particular facts of each claim. You are invited to complete one of the contact forms and I will reach out to discuss your potential claim with you.

Looking for Workers Comp Answers?

Contact us for your FREE Case Evaluation and get the ANSWERS you're looking for.

Free Initial Strategy Session

All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.

During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Wreck Accident, 18 Wheeler Accident, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

  • First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
  • If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.

Contingency Fees | Alabama Workers Compensation

Claims for benfits under the Alabama Workers' Compensation Act are taken on a contingency fee rate of 15%, which means you don't have to pay me anything out-of-pocket. Contingency fee rates for other, or additional claims are set on a case-by-case basis. I typically cover expenses for you on the front-end on the condition that you pay me back out of your recovery. We will not have an attorney-client relationship until we both agree on the terms, but, any communication between us will still be protected as priviledged communication, even if we do not come to an agreement.



Don't delay getting the compensation you deserve! Contact us today for your free Strategy Session!