Slug: fired-while-on-workers-comp-oregon Meta Title: Can I Be Fired While on Workers’ Comp in Oregon? | Yarmo Law Meta Description: Oregon law protects injured workers from being fired or discriminated against for filing a workers’ comp claim. Learn about ORS 659A.040 anti-retaliation rules, your reinstatement rights after recovery (for larger employers), and what to do if you face wrongful termination. Content: <h1>Can You Be Fired While on Workers’ Compensation in Oregon?</h1> <p>Many workers worry that if they file a workers’ compensation claim or take time off for an injury, they might lose their job. In Oregon, <strong>it is unlawful for an employer to fire or retaliate against you</strong> just because you filed a workers’ comp claim. There are specific laws that protect injured workers in this situation. This page will explain your rights under those laws – including protections against retaliation and your right to be reinstated to your job in certain circumstances – and what you can do if you believe your employer fired you because of your injury or claim.</p> <h2>Anti-Retaliation Law: ORS 659A.040</h2> <p>Oregon has a strong <em>anti-retaliation</em> statute (ORS 659A.040) that makes it an <strong>unlawful employment practice</strong> for an employer to discriminate against you for invoking the workers’ compensation system[51]. In simpler terms, your employer cannot fire you, demote you, harass you, or treat you negatively <em>because</em> you filed a claim, hired a workers’ comp attorney, or even testified in someone else’s comp case[52]. This law applies to employers with <strong>6 or more employees</strong>[51] (smaller employers might not be covered by this particular statute, but other remedies could still exist). If an employer violates this law, you can file a civil lawsuit for wrongful termination or discrimination, and you could potentially recover lost wages, damages, and attorney fees.</p> <p>Examples of unlawful retaliation under ORS 659A.040 include:</p> <ul> <li>Firing or laying off an employee because they filed a workers’ compensation claim[51][53].</li> <li>Deliberately reassigning the worker to a worse job or reducing their hours/pay because of the claim[53].</li> <li>Refusing to hire an applicant solely because they had a prior workers’ comp claim at a previous job[52].</li> <li>Terminating or disciplining an employee for testifying or intending to testify in a workers’ comp proceeding[53].</li> </ul> <p>The key element is <strong>motive</strong>. The employment action (like firing) must be <em>because of</em> the workers’ comp claim. An employer is still allowed to fire or discipline you for other legitimate reasons – workers’ comp is not a blanket job protection for unrelated performance issues or misconduct. But they cannot use your injury or claim as the reason (or a substantial factor in the decision). Proving retaliation can sometimes be tricky, which is why documentation and timing matter. If you suspect retaliation, keep notes of comments made by supervisors and the timing of any negative actions relative to your claim.</p> <h2>Right to Reinstatement or Reemployment</h2> <p>Oregon also provides qualified injured workers with rights to get their job back after recovery. ORS 659A.043 and 659A.046 require certain employers to <strong>reinstate</strong> injured workers when they are medically able to return:</p> <ul> <li>If you work for an employer with <strong>21 or more employees</strong>, and you have been released to full duty by your doctor, your employer must give you your <strong>former position</strong> back if it’s available and you request reinstatement[54][55]. They cannot refuse just because they hired someone to replace you in the meantime – they’d have to find a way to return you to your old job or an equivalent one.</li> <li>If your doctor says you have permanent restrictions (you cannot return to the exact same job), employers with 21+ employees must offer you a <strong>“suitable” job</strong> if one is available. This means alternate work that accommodates your limitations but is as close as possible in wages and benefits to your old job[54].</li> </ul> <p>These reinstatement rights generally last until <strong>three years</strong> after the date of injury. You must apply for reemployment within a certain time after being released to return to work, and there are some exceptions (for example, if you were a temporary worker or the business closed down, reinstatement might not apply). However, for most regular employees in moderate to large companies, the law is a significant protection.</p> <p>Even if your employer is smaller (less than 21 employees) or you don’t qualify under the reinstatement statutes, remember that the anti-retaliation law still prohibits firing you <em>because</em> of the injury. So, for small employers, you don’t have an automatic right to get your job back after you heal, but you still can’t be fired <em>for filing the claim</em> in the first place. If a small employer replaces you because they couldn’t hold the job open, that might be legal as long as it wasn’t punitive – these situations can be complex and fact-specific.</p> <h2>If You Face Retaliation</h2> <p>If you believe you were fired or disciplined due to your workers’ comp claim, consider taking these steps:</p> <ul> <li><strong>Consult an attorney:</strong> A wrongful termination or employment law attorney (especially one familiar with workers’ comp retaliation) can assess your case. They can help file a lawsuit under ORS 659A.040 or other applicable laws. There are time limits (often one year) to take legal action, so don’t delay.</li> <li><strong>File a complaint:</strong> You can also file a complaint with Oregon’s Bureau of Labor and Industries (BOLI) Civil Rights Division, which enforces anti-retaliation laws. BOLI can investigate and even sue on your behalf in some cases.</li> <li><strong>Keep records:</strong> Preserve any evidence of retaliation – emails, performance reviews (especially if they were good before your injury), texts, witness statements from co-workers who heard managers make negative remarks about your injury or claim, etc.</li> </ul> <p>Being fired while you’re recovering from a work injury is extremely stressful. Financially and emotionally, it can take a toll. But remember that the law is often on your side if the termination was because of your claim. Many employers know the law and will not risk violating it. If an employer does retaliate, Oregon courts can hold them accountable, including potentially requiring them to pay your lost wages, front pay, and other damages. In some cases, you could even be reinstated to your job by court order, though that is less common.</p> <p>In summary, you should not be fired <em>for</em> seeking the workers’ compensation benefits you’re entitled to. Oregon’s workers’ comp system and employment laws work together to ensure you can exercise your rights without fear of punishment. If you do face any retaliation, know that you have avenues to challenge it and protect yourself.</p>