If you have been hurt in a workplace accident, the last thing you need is trouble with your employer. Unfortunately, some workers encounter the following forms of retaliation after they file a workers' compensation claim. An employer cannot legally retaliate against you for filing a workers' compensation claim. It is illegal for employers to retaliate against employees for exercising their legal rights, including the right to file a workers' compensation claim. Retaliation can take many forms, including termination, demotion, or other adverse employment actions.
Under most workers' compensation laws, employers are prohibited from retaliating against employees for filing a claim or testifying in a workers' compensation proceeding. If an employer retaliates against an employee for filing a claim, the employee may have legal recourse. The employee may be able to file a complaint with the state agency that handles workers' compensation claims or file a lawsuit against the employer for retaliation.
What Types of Retaliation Can Occur?
Employment retaliation can take many forms after an employee files a workers' compensation claim. Some examples of potential retaliation by an employer may include:
Termination or Demotion: An employer may fire an employee or demote them from their current position after they file a workers' compensation claim.
Reduced Hours or Pay: An employer may reduce an employee's hours or pay after they file a workers' compensation claim.
Unfavorable Job Assignments: An employer may assign an employee to fewer desirable tasks or responsibilities after they file a workers' compensation claim. For example, they may be asked to perform more cleaning tasks or take care of boring or repetitive tasks.
Negative Performance Reviews: An employer may give an employee a negative performance review after they file a workers' compensation claim, even if their performance is up to par.
Hostile Work Environment: An employer may create a hostile work environment for an employee after they file a workers' compensation claim, such as by bullying or harassing them. It should be noted that co-workers can also contribute to creating a hostile work environment, not just employers.
It is important to note that proving retaliation can be difficult, and it may be necessary to provide evidence that the adverse employment action was directly related to the workers' compensation claim. If you believe that your employer has retaliated against you for filing a workers' compensation claim, you should consult with an experienced employment law attorney who can advise you on your legal rights and options.
Reach out to a local workers' compensation attorney for more info.