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Ask Atlas · At will and wrongful termination

What can public federal sources say about an employer firing a worker after a workers’ compensation claim?

United States — limited federal general information

Published · Reviewed by Ahmad Sulaiman

Short answer

No single federal rule answers this question: the governing jurisdiction and workers’ compensation program matter, and the U.S. Department of Labor directs workers employed by private companies or state and local government agencies to their state workers’ compensation board. [1]

As a limited federal example, the online text of 33 U.S.C. § 948a, in the Longshore and Harbor Workers’ Compensation chapter and displayed as current through October 15, 2026, says an employer or authorized agent may not discharge or otherwise discriminate because an employee claimed or tried to claim compensation from that employer, or testified or was about to testify in a proceeding under that chapter. [2]

That example cannot determine whether a particular firing was lawful: it must first be shown that the Longshore Act covers the job and employer, and § 948a has a stated exception for a person adjudicated to have filed a fraudulent compensation claim and a condition on restoration and wage-loss language when an employee is no longer qualified to perform the job. [2] [3]

Checking current public information

Start by identifying the state or other jurisdiction and whether a federal workers’ compensation program could apply. The relevant state workers’ compensation board or federal program’s official page is the appropriate place to find current public information; qualified human review is needed before applying a rule to particular facts or a deadline.

Sources

[1] U.S. Department of Labor Workers Compensation

[2] 33 U.S.C. 948a Discrimination against employees who bring proceedings

[3] U.S. Department of Labor Longshore and Harbor Workers Compensation Act