Dealing with Employer Retaliation After Workers’ Comp Claim

Dealing with Employer Retaliation After Workers’ Comp Claim

Employees who were injured in the workplace have the right to file a workers’ compensation claim to get compensation for their medical bills and lost wages. However, many employers aren’t happy about paying workers’ compensation because it increases their insurance premiums. Some may even go as far as retaliating against employees who filed claims. If your employer has retaliated against you for filing a workers’ compensation claim, remember that you have rights, and be sure to speak to a workers’ compensation lawyer immediately.

Different Ways Employers Can Retaliate Against Employees
Although federal law prohibits employers from retaliating against their employees for filing a workers’ compensation claim, it doesn’t stop all of them from doing it. Here are some ways employers may attempt to retaliate against their employees:

  • Failure to accommodate any physical limitations that were caused by the injury
  • Giving poor performance reviews even if the employee hasn’t done anything wrong
  • Denying promotion solely based on an employee’s injury
  • Cutting an employee’s hours
  • Firing an employee for filing a workers’ compensation claim

What to Do If You Suspect Retaliation
If you believe that your employer is retaliating against you for filing a workers’ compensation claim, you may feel angry and confused. It is important to take action as soon as possible. Begin by calmly voicing your thoughts to your employer. Tell him or her that you believe you are being treated unfairly and want to know why. Your employer may have a perfectly reasonable explanation that has nothing to do with filing for workers’ compensation. For example, your employer may have cut your hours because business has been slow lately. However, if your employer can’t provide a legitimate reason, voice your concern about being retaliated against and ask them to stop it immediately. If he or she still refuses to rectify the issue, you need to take action and begin building a case of retaliation.

In order for your case to be successful, you need to show evidence that your employer did retaliate against you for filing for workers’ compensation. Document the retaliatory behavior as best as you can. For instance, if your employer told you that your performance has been slipping after you made the complaint, try to find documents that show that your employer was happy with your performance before the complaint.

Hiring a Workers’ Compensation Lawyer
If you have been experiencing retaliation from your employer, it’s important to contact a workers’ compensation lawyer, like a workers compensation lawyer in Memphis, TN, as soon as possible. Retaliation can be tricky to prove on your own, but an experienced lawyer can help bring a retaliation case against your employer and protect your legal rights.

Thanks to Darrell Castle and Associates, PLLC for their insight into dealing with employer retaliation after a workers’ compensation claim.

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