Can Your Employer Retaliate if you file for workers’ comp?

After a work-related injury, you may encounter multiple unexpected expenses. For example, you may face very high medical bills and be unable to work while recovering. Luckily, workers’ compensation benefits can help you take back control of your life during this challenging time. However, you might encounter many complications from the workers’ compensation system. One of the most common setbacks is employer retaliation.

What would happen to you if your employer retaliated against you for filing a workers’ compensation claim, perhaps by way of a demotion or termination? Simply put, you could take legal action against your employer with the help of a local employment attorney. Read on to learn what exactly employer retaliation is and your legal options if you’re going through this kind of situation.

What is workers comp retaliation?

Filing a workers’ compensation claim can expose you to retaliation from an employer who is unwilling to pay the price. Retaliation takes place when an employer acts adversely against an employee for exercising a protected right. In this case, it means that your employer may punish you for seeking workers’ compensation or even attempting to file a claim.

Retaliation could be straightforward, as in firing you right after you file your claim. However, this type of conduct tends to be more indirect and discreet. Your employer may try to make you miserable at work until you resign.

These are some common retaliatory activities:

·       Termination: In extreme cases, your employer may fire you for submitting your claim.

·       Harassment: Your employer may threaten you before you file your claim. On occasion, you may be blacklisted from future employment opportunities.

·       Discriminatory treatment: Unjustified disciplinary actions, salary reduction, demotion, being passed over for a promotion are examples of discriminatory attitudes that your employer may hold against you if you decide to file a claim.

Suppose you have been a victim of any of these discriminatory attitudes. In that case, you may want to talk to a workers’ compensation attorney near you, such as C&B Law Group, to learn what to do to protect your rights.

Workers’ comp protects you from retaliation

Fortunately, the law is on the side of workers. When you file a workers’ compensation claim, your employer cannot take retaliatory action against you just for applying for these benefits.

The law provides that injured workers are entitled to receive money to pay for their medical expenses and lost wages. Therefore, by preventing employers from punishing their employees for filing workers’ compensation claims, the law ensures workers can receive the benefits they need.

However, proving that you were fired for filing a claim can be much more complicated than it seems. If you want to increase your chances of success, working with a workers’ compensation attorney often is your best option.

You can still be fired for valid reasons

Although the law protects you from being wrongfully terminated, that doesn’t mean that your employer can’t fire you for valid reasons. For example, if you have misbehaved at work, if you have been consistently late or are not competent at your job, workers’ compensation won’t protect you.

What can you do to protect your rights?

If your employer fired you or worsened your employment situation just for filing a workers’ compensation claim, you can pursue a claim for unfair treatment against them. Through this lawsuit, you may be able to receive additional compensation on top of the workers’ compensation benefits you need. To increase your chances of success, you should work with an employment lawyer near you, such as C&B Law Group. Most employment law firms offer completely free consultations, so don’t hesitate to contact them if you have further questions.