Worker's Compensation Claims And Employer Retaliation: An Overview

Most people are generally familiar with worker's compensation claims, their purpose, and the basics of compensation under this coverage. However, few people are as familiar with the laws as they apply to worker's compensation and how your employer can handle worker's compensation claims and your job. Here's a look at some things you need to know about retaliation from your employer if you are filing a worker's compensation claim.

What Is Worker's Compensation Claim Retaliation?

In terms of worker's compensation claims, retaliation refers to negative actions by your employer, which could adversely affect you or your job, that occur as a result of or following your worker's compensation claim.

Sometimes employers react negatively to the filing of a worker's compensation claim because claims paid out can affect their premium cost. As a result, they try to minimize any claims that are filed and may penalize an employee who does file a claim, although this type of retaliation is illegal.

How Can You Recognize Worker's Compensation Claim Retaliation?

Understanding what could qualify as worker's compensation claim retaliation is important. After all, not everything negative that happens at work is necessarily in retaliation for your claim. For example, any new policies enacted that apply to everyone, including reduced hours or similar changes, could not be considered retaliation because they are company-wide policies.

However, a reduction in hours that only applies to you, termination, or other similar changes on the job that are directed at you and you alone could be considered retaliation. This is especially true if these things happen after your worker's compensation claim despite a stellar employment record beforehand.

What Can You Do About Worker's Compensation Claim Retaliation?

If something has happened at work that you believe may be retaliation for your worker's compensation claim, it's important to remember that these actions are illegal. Your employer cannot penalize you for filing the claim or for missing work to seek medical treatment for your injuries. 

The best thing that you can do in a situation like this is to reach out to a worker's compensation attorney. They can evaluate the situation, conduct an investigation, and pursue retaliation claims if there's sufficient evidence to prove it. Your employer can be sued in court for this retaliation and be forced to compensate you for it.

Talk with a worker's compensation lawyer about your options for addressing retaliation after a claim. You can also meet with a lawyer to discuss possible retaliatory actions to see if things do in fact seem like retaliation or if it's just the timing of the situation. For more information about working with a worker's comp lawyer on a retaliation claim, contact a local law office.