Skip to main content

Can you sue an employer for wrongful termination after a workplace accident?

Brandon
Brandon

17,757 satisfied customers

View context
Solved

First, the accident itself. When an employee is involved in a work-related accident, most employers have a standard policy that requires an immediate drug and alcohol test. Sending you to a clinic such as Concentra before anything else happens is very common and is often required by company policy or insurance rules.

If the test comes back positive for an illegal substance or a substance not prescribed to you, many employers treat that as grounds for termination, especially if there was a safety incident involved. Even if the accident was minor, a positive test can make it very difficult to challenge a termination.

That said, termination after an accident does not automatically mean the employer handled everything properly. There are a few areas that may be worth looking at more closely.

One issue is workplace fatigue and scheduling. If the company required excessive overtime and knew you were extremely fatigued, that can sometimes raise safety concerns. Employers have a general obligation to maintain a safe workplace. If they knowingly pushed an employee to the point of exhaustion and that contributed to an accident, it could potentially become part of the discussion. However, proving that fatigue caused the accident and that the company ignored clear warnings is not always easy.

Another issue is whether you were injured. You mentioned hitting the steering wheel and having a hole in your lip, along with neck and back pain. Injuries that happen while you are working are usually handled through workers' compensation. That is separate from a wrongful termination claim. Even if the accident was your fault, workers' compensation generally still covers medical treatment for injuries that occur on the job.

If you have not already done so, one important step is to make sure the injury is documented. That usually means:

  • Seeking medical treatment and reporting all symptoms, even if they seem minor.
  • Making sure the injury is recorded as a workplace injury.
  • Keeping copies of any paperwork from the clinic or employer.

Workers' compensation can cover medical care and sometimes lost wages if you cannot work.

The drug test situation is another key piece. If the test is positive, the company will likely rely on that heavily in any termination decision. In most states, employers have broad authority to discipline or terminate employees for positive drug tests, especially after accidents. The main exceptions usually involve testing errors or prescription medications that were properly disclosed.

You also mentioned something that caught my attention about time off and exhaustion. If you requested leave because you were overwhelmed or dealing with major life stress, sometimes that can overlap with laws such as the Family and Medical Leave Act if there is a serious health condition involved. However, stress related to divorce or moving usually does not qualify unless a doctor formally diagnosed a medical condition like severe anxiety, depression, or another health issue that required leave.

Another point worth watching is documentation. You mentioned that your overtime hours, time-off requests, and communications are likely recorded in the UKG system and in emails. Those records can become important if questions arise about:

  • How many hours you were working.
  • Whether you asked for time off.
  • Whether management knew you were exhausted.
  • Whether your schedule was reasonable for the type of work you do.

Even if those facts do not create a lawsuit, they can help you understand whether the company treated you fairly.

Right now, based on what you described, the strongest immediate issue may actually be the workplace injury rather than wrongful termination. If you were hurt while working, you may have a right to medical treatment through workers' compensation regardless of what happens with your job.

A few practical steps you may want to consider in the short term are:

  • Write down everything that happened while it is still fresh in your memory, including the accident, conversations with supervisors, and the timeline of events.
  • Save copies of any emails, messages, or time-off requests.
  • Get medical care if your neck, back, or lip injury is still bothering you.
  • Avoid discussing the drug test with coworkers while things are still developing.

0

Workplace Incident Report Template

Full Conversation


OK, well it's kind of a tricky one. I was at work, on the clock, and I've been really tired lately because I work a lot of overtime. I got into an accident, and it was my fault. I think they're going to fire me because I caused the accident.

They made me take a drug test before anything else. I told them my back and neck were hurting, but they sent me to Concentra first. I was told if I didn't go, there would be consequences.

I've also been going through a divorce after being married since 2006. My divorce became final a couple of weeks ago, but mentally I haven't been in a good place. I may have made some bad choices, and my drug test may come back positive because I resorted to using something to keep me awake. I've been working so much overtime, I'm exhausted. I've asked for time off, but all I could get was six hours one day, four hours another day, and four hours another time. What I really needed was a longer stretch of time off, and they wouldn't approve it.

I hit my lip on the steering wheel during the accident. I also drove the vehicle back because they asked if it was still drivable. Another employee with me was checked out, and so was the person I hit.

I just want to know if I have any kind of lawsuit if they fire me. I probably need to see a doctor, but I don't know what to do. They knew I was exhausted. You can look at all the overtime I've worked throughout the year.

Lexi

Lexi, Chatbot

I understand that you're going through a really tough time with your work situation and personal life. Can you tell me if you have received any formal communication from your employer regarding potential termination?

Kind of. I used to work for them years ago, so I still know people there. I don't want to get anyone in trouble, but I was given a heads-up. That's how I know they're looking at my drug test. I'm in a higher-level position, and I take care of eight large facilities by myself. For the first seven or eight months, I was the only one doing the job before they let me hire someone.

The divorce has really affected me. I've been late to work several times because of everything that's been going on, but before this I was never late. I put in for time off, but I was told it had to be approved, and I couldn't get the time I really needed.

So yes, I haven't received any formal paperwork yet, but I know they're considering firing me. The accident happened Friday, and now it feels like they're just trying to cover themselves.

Lexi

Lexi, Chatbot

Have you documented any requests for time off or communicated your exhaustion to your employer prior to the accident?

Everybody knows I've been tired. I've told a lot of people I'm exhausted from moving out of my house by myself because my ex-wife left and is living with my daughter.

It's just been me. I had to get a storage unit and move everything into it, and I still have things in the house. We were together for 31 years and married since 2006. Everything I touch reminds me of our life together.

The time-off requests should all be documented. I was only approved for four hours here and another four hours there because they said they needed me. I really needed an extended break, but I couldn't get it.

Everything should be in the UKG system. Angela controls it, and she can change time records. She's done that before. I even have emails where she's acknowledged getting into the system.

Lexi

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your potential termination.

No.

Brandon

Brandon

Hi there, and welcome. My name is Brandon, and I'm an attorney. I'll be happy to help you out today.

Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice.

Please also note that I am human, that I often need to research your answer to give you an accurate response, and that I work with other customers and get up from time to time. So please be patient while waiting for a response. Please feel free to reach out if more than 30 minutes have passed.

Brandon

Brandon

First, the accident itself. When an employee is involved in a work-related accident, most employers have a standard policy that requires an immediate drug and alcohol test. Sending you to a clinic such as Concentra before anything else happens is very common and is often required by company policy or insurance rules.

If the test comes back positive for an illegal substance or a substance not prescribed to you, many employers treat that as grounds for termination, especially if there was a safety incident involved. Even if the accident was minor, a positive test can make it very difficult to challenge a termination.

That said, termination after an accident does not automatically mean the employer handled everything properly. There are a few areas that may be worth looking at more closely.

One issue is workplace fatigue and scheduling. If the company required excessive overtime and knew you were extremely fatigued, that can sometimes raise safety concerns. Employers have a general obligation to maintain a safe workplace. If they knowingly pushed an employee to the point of exhaustion and that contributed to an accident, it could potentially become part of the discussion. However, proving that fatigue caused the accident and that the company ignored clear warnings is not always easy.

Another issue is whether you were injured. You mentioned hitting the steering wheel and having a hole in your lip, along with neck and back pain. Injuries that happen while you are working are usually handled through workers' compensation. That is separate from a wrongful termination claim. Even if the accident was your fault, workers' compensation generally still covers medical treatment for injuries that occur on the job.

If you have not already done so, one important step is to make sure the injury is documented. That usually means:

  • Seeking medical treatment and reporting all symptoms, even if they seem minor.
  • Making sure the injury is recorded as a workplace injury.
  • Keeping copies of any paperwork from the clinic or employer.

Workers' compensation can cover medical care and sometimes lost wages if you cannot work.

The drug test situation is another key piece. If the test is positive, the company will likely rely on that heavily in any termination decision. In most states, employers have broad authority to discipline or terminate employees for positive drug tests, especially after accidents. The main exceptions usually involve testing errors or prescription medications that were properly disclosed.

You also mentioned something that caught my attention about time off and exhaustion. If you requested leave because you were overwhelmed or dealing with major life stress, sometimes that can overlap with laws such as the Family and Medical Leave Act if there is a serious health condition involved. However, stress related to divorce or moving usually does not qualify unless a doctor formally diagnosed a medical condition like severe anxiety, depression, or another health issue that required leave.

Another point worth watching is documentation. You mentioned that your overtime hours, time-off requests, and communications are likely recorded in the UKG system and in emails. Those records can become important if questions arise about:

  • How many hours you were working.
  • Whether you asked for time off.
  • Whether management knew you were exhausted.
  • Whether your schedule was reasonable for the type of work you do.

Even if those facts do not create a lawsuit, they can help you understand whether the company treated you fairly.

Right now, based on what you described, the strongest immediate issue may actually be the workplace injury rather than wrongful termination. If you were hurt while working, you may have a right to medical treatment through workers' compensation regardless of what happens with your job.

A few practical steps you may want to consider in the short term are:

  • Write down everything that happened while it is still fresh in your memory, including the accident, conversations with supervisors, and the timeline of events.
  • Save copies of any emails, messages, or time-off requests.
  • Get medical care if your neck, back, or lip injury is still bothering you.
  • Avoid discussing the drug test with coworkers while things are still developing.
Brandon

Brandon

17,757 satisfied customers

Brandon
Welcome! Have a similar question?

12 lawyers online now

0:00

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Dan
Dan

Law Partner

4.54 (30,386)

How can severance pay be negotiated after a low initial offer at termination?

9

2

Answered 13 hours ago

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step  of 3
Loading...

What's your legal question?

Lexi, Chatbot

How would you like your legal question to be answered?

Online

Legal AI

Using ChatGPT 4o

Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

After connecting, your chat will begin with an attorney. After choosing, your chat will continue with Legal AI.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer

We couldn't send your message. Please try again.

Your lawyer will reply as soon as possible

If there’s a delay, please don’t worry. Your chat will stay open, and they’ll get back to you as soon as they can. There’s no rush on your end either. You’ll receive an email notification as soon as there’s a new message.

You've reached your AI chat limit

Upgrade your plan to continue chatting and get instant domain-specific answers.

0:00