Start with the issue actually in dispute
Fired after a workers’ comp claim is mainly a problem of timeline and possible retaliation issue. Build the file around the written notice, dated record, or event that created the problem.
Documents to gather
Claim/report dates, termination notice, performance records, employer messages, and medical restrictions.
Questions to answer before acting
- What changed, on what date, and who made the decision?
- Is there a written notice or only a phone conversation?
- Which medical, wage, employment, or incident record directly addresses the dispute?
- What state or federal agency procedure controls the next step?
- Is there a separate employment, third-party, leave, or discrimination issue that should not be mixed into the workers’ compensation question?
Important caution
Workers’ compensation benefits and a retaliation/employment claim can be separate legal questions.