Workers Compensation Attorney
If you were injured at work, it is your right to file a workers’ compensation claim. The benefits will pay for your medical costs and lost wages while you recover. The last thing you might expect is for your employer to retaliate against you for filing a claim. Unfortunately, however, this sometimes happens. Some employers may get angry if their workers file a claim and retaliate against them.
Types of Retaliation
Workplace retaliation takes place when an employer punishes an employee for participating in a legally protected activity, such as filing for workers compensation. Here are common types of retaliation:
- Reduced pay
- Unfair disciplinary actions
How to Respond to Retaliation
If you suspect that you are being retaliated against for filing a workers’ compensation case, you do not have to put up with it. It’s illegal for employers to retaliate against their workers for filing for workers’ compensation benefits.
The first thing you may want to do is talk to your supervisor directly about your concerns. Ask your supervisor why you have recently been demoted or experiencing harassment. If your supervisor does not have a legitimate explanation, it is likely retaliation.
If your supervisor denies the retaliation and does not cease the behavior, your next step is to contact the Equal Employment Opportunity Commission (EEOC). After you file a report, the EEOC will investigate your claim.
It may also be beneficial to hire an experienced workers compensation attorney. He or she will fight for your rights.
How to Prove Workers Compensation Retaliation
In order to win your workers compensation retaliation claim, you have to show the court sufficient evidence that your employer treated you poorly because you filed a workers compensation claim. For instance, let’s say that you were fired for poor performance shortly after you filed a workers compensation claim. You may have evidence that contradicts your employer’s argument. For example, you might have had a very positive recent performance review.
Proving workers compensation retaliation can be quite tricky. That is why it is beneficial to have a skilled workers compensation attorney on your side. He or she will help you gather evidence to support your claim and provide a convincing argument in court.