Yes, but not as a retaliation for filing a workers’ compensation claim. Even the appearance of a retaliatory discharge could result in a lawsuit. It is important that the employer document all infractions and be able to prove that the employee would have been terminated whether or not he or she filed a claim. Employers should also be aware that workers’ compensation costs usually go up when the injured employee no longer has a job to return to. Remember that an injured worker may be protected by FMLA. Also, a few states (particularly Oklahoma, Oregon, and New Hampshire) offer a certain degree of job protection to the injured employee, and termination may not be an option — or the employee may be able to reclaim the former job.