I see. Your recourse is to file a lawsuit, and you have a good case at that. Specifically you have all the elements of an actionable retaliatory discharge - you allege can show(1) plaintiff was an employee
at time of injury; (2) plaintiff made a claim against defendant’s worker compensation benefits; (3) defendant terminated plaintiff’s employment; (4) claim for workers’ compensation benefits was a substantial factor in employer’s motivation to terminate employee. It would then be the employer's response to attempt to show it was not the workers compensation
claim but some other factor that caused them to terminate you. You already stated they hired someone else, so they cannot claim job elimination. So they'd have to show something in your work history, which I assume you'll have a good record. So, they cannot disprove your allegations.
I'd recommend you get an attorney before you sign off on this workers comp settlement because they may be asking that you waive claims against the employer, which you do not want to do if you plan to sue them.
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