Filing a workers’ compensation claim should never subject you to retaliation, but it’s a concern among many workers after suffering a job-related injury. Employers often get upset due to the associated insurance cost increases.
Since workers’ compensation retaliation is a possibility, it’s important to protect against this. Here’s what you need to know:
- Can your employer terminate your employment for filing a workers’ compensation claim? Even if an employer is disappointed that you filed a claim, they’re not legally permitted to fire you for doing so. You have the right to collect workers’ compensation benefits, and taking advantage of that right should never result in retaliation.
- What type of retaliation is most common? Workers’ compensation claim retaliation comes in many forms, with the most common including demotion, pay cut, termination and unwarranted disciplinary action. In some cases, you may experience more than one form.
- How can you prove that you were the victim of workers’ compensation retaliation? Simply stating that you were retaliated against for filing a claim is not good enough. You need to back up the violation with facts. Start by proving that you’re entitled to receive workers’ compensation benefits. From there, collect evidence showing that you were the victim of retaliation.
- Are you protected from retaliation? As long as you’re eligible for workers’ compensation benefits, you’re protected against all forms of retaliation from your employer. Keep in mind that you’re not protected if your claim was not brought in good faith.
You work hard for your employer, so you expect to receive protection in the event of a workplace injury. This typically comes in the form of workers’ compensation benefits.
If your employer fights you ever step of the way, such as by arguing that you weren’t injured on the job and then retaliating, you must learn more about your legal rights.
Despite the many challenges in your life, including your injury and inability to earn a living, don’t turn a blind eye to your employer’s behavior. Taking the necessary steps can help you receive the workers’ compensation benefits you deserve, as well as compensation for your employer’s retaliatory acts.