If you’ve filed a workers’ compensation claim, you must be aware of any signs of employer retaliation. Employers may try to take action against employees who file claims to discourage others from doing the same. Knowing what to look for can help you protect yourself and your rights. Here are some signs of retaliation that you should be aware of.
Denying a Promotion
An employer denying a worker a promotion after a workers' compensation claim can signify retaliation. Retaliation is illegal and is defined as any adverse action taken by an employer against an employee because the employee chose to file a workers' compensation claim. If you feel as if you were qualified for a promotion but did not receive one, an experienced attorney can help you determine if retaliation occurred and, if so, what your legal options are.
Failing to Provide Accommodations
It may be retaliation if you have filed a workers' compensation claim and your employer fails to provide you with reasonable accommodations. Some examples of accommodations a company should provide to an injured worker include light duty work, modified hours, or permission to work from home.
Transferring the Injured Worker
One of the most common forms of workers' comp retaliation is transferring the injured worker to a less desirable position. This type of retaliation is unfair to the employee and can jeopardize their claim and hinder their ability to recover from their injuries.
Firing the Injured Worker
When an employee is injured on the job, they have a right to file a workers' compensation claim. This claim can help them get the medical treatment they need and replace some of their lost wages. However, some employers view workers' compensation claims as a personal attack. As a result, they may retaliate against the employee by firing them.
While this may seem like a straightforward way to avoid paying benefits, it is actually illegal in most states. Retaliating against an employee for filing a workers' compensation claim is a form of discrimination, and it can have severe consequences for the employer. Employees who have been fired in retaliation for filing a workers' compensation claim may be able to sue their employer and receive damages.
We Can Help
If you've been injured on the job and have submitted a workers' compensation claim, be aware of the signs of retaliation. If your employer takes any action that seems designed to punish or discourage you from seeking benefits, contact an attorney immediately. Our work injury lawyers at Robert Peirce & Associates, P.C. have the resources and expertise to handle even the most complex workers’ compensation violations cases.
To get in touch with a member of our team, contact us at (844) 383-0565 or fill our a consultation request form on our website here.