Can my employer fire me for filing a workers’ comp claim in Virginia?

KEY TAKEAWAYS

• In Virginia, an employer generally cannot fire you solely because you filed—or intend to file—a workers’ compensation claim, a protection found in Virginia Code § 65.2-308. 
• Because Virginia is an at-will state and the law uses the demanding word “solely,” the timing and evidence around a firing matter a great deal. 
• If you are terminated after reporting a work injury, documenting what happened and talking to an attorney early can protect both your job and your benefits.

If you were hurt on the job and worry that filing a claim could cost you your job, here is the short answer: in Virginia, your employer generally cannot fire you solely because you filed, or intend to file, a workers’ compensation claim. That protection comes from state law. But Virginia is also an at-will employment state, so the details matter. 

At Dulaney, Lauer & Thomas, our Virginia workers’ compensation attorneys help injured workers pursue benefits in Warrenton, Culpeper, and Front Royal, and stand up to employers who cross the line. Here’s how to protect your rights.

What Does Virginia Law Say About Workers’ Comp Retaliation?

Virginia Code § 65.2-308 prohibits an employer from discharging an employee solely because the employee has filed (or intends to file) a claim, or has testified (or is about to testify) in a workers’ compensation proceeding. The one exception is fraud: firing someone who filed a knowingly false claim is not a violation. If your employer does break this rule, Virginia workers’ comp law provides a real remedy. You can file suit in circuit court (not before the Workers’ Compensation Commission), and a court may order actual damages, attorney’s fees, and reinstatement with back pay plus interest.

Why the Word “Solely” Matters So Much

The protection hinges on a single word: solely. Because Virginia is an at-will state, an employer can still let you go for legitimate reasons unrelated to your claim, such as a genuine layoff or a documented performance problem. Employers know this, and a retaliating employer will often point to some other explanation for the firing. That is why the timing of your termination and the evidence surrounding it become so important. A firing that lands days after you report an injury, with no prior discipline, tells a very different story than the reason your employer puts on paper.

What Counts as Retaliation Beyond Being Fired?

Termination is the clearest violation, but it is rarely the only pressure injured workers feel. Sudden demotions, cut hours, undesirable shifts, or being pressured to return to work before you have recovered can all be warning signs that your employer is unhappy you filed. While the statute focuses on discharge, this kind of treatment is worth taking seriously and documenting, because it often signals trouble ahead for your claim.

How Prompt Filing Protects Your Benefits

Fear of retaliation leads some workers to delay, and delay is exactly what hurts a claim. In Virginia, you generally must report your injury within 30 days and file within two years. Any gap gives the insurer room to argue your injury was not work-related. Whether you are dealing with a lifting injury on the job or wondering about using your own health insurance for a work injury, filing correctly and on time is the best way to protect what you are owed. And if your claim has already been denied, it is not necessarily too late to act.

What Should You Do if You Get Fired After Filing?

If you believe you were let go from your job because you filed a workers’ comp claim, take these steps to protect yourself:

• Write down a clear timeline, including when you reported the injury, when you filed, and exactly when and how you were fired.
• Keep pay stubs, performance reviews, schedules, texts, and emails that show your record before the injury.
• Do not sign a severance agreement or release without first having an attorney review it.
• Continue your medical treatment and keep pursuing the benefits to which you are entitled.
• Speak with a workers’ comp attorney to understand your options. 
• Learn how to avoid the most common mistakes after a workplace injury.

You should not have to choose between your health and your paycheck. Virginia law is on your side when you exercise your right to benefits, and the right guidance can help you enforce it.

The Virginia workers’ comp attorneys at Dulaney, Lauer & Thomas are here to defend your rights. We’ll investigate your case and guide you through the steps to achieve fair compensation.