Workers' Compensation Retaliation Issues: What To Know

Workers' Compensation Retaliation Issues: What To Know

Workers' Compensation Retaliation Issues: What To Know

16 June 2021
, Blog

Hurt workers are entitled to several benefits after an injury. In most cases, those workers can expect to be paid for their medical expenses, a partial wage, and more if their injury is permanent. Workers' compensation insurance can be a tricky issue, though, and some workers may find their jobs threatened by a claim filing. To find out more, read on.

The Employer's Point of View

To understand why a workers' comp recipient could have their job threatened, it may be helpful to look at things from the employer's point of view. When a worker is out of work because of an injury or occupational illness, the business might suffer financial hits due to several issues:

  • While the workload may remain the same, they have one less worker to do the job.
  • In many cases, a temporary worker must be brought in to cover the hurt employee.
  • In some cases, the employer may find their workers' compensation insurance premium will rise in response to claims filed.

Retaliating Against the Hurt Worker

Unfortunately, the rules governing workers' compensation insurance are pretty strict about when a worker can return to work. No matter how much you may want to return to your job, you must wait until a doctor has declared you fit for work. When you are cleared for work, workers may encounter resentment and negative treatment by their supervisor and coworkers. This can create a toxic environment even if they are not forced out of their jobs. 

Know Your Rights

Workplace retaliation can take many forms – some of them are more subtle than others. You should never be punished for taking advantage of workers' compensation benefits. After all, this form of insurance is supposed to encourage workers to accept the benefits instead of filing a lawsuit against the employer. If any of the below forms of retaliation have occurred, speak to a workers' compensation lawyer right away.

  • Disciplined more harshly than other employees.
  • Singled out and assigned the worst shifts and working conditions.
  • Scheduled to work fewer hours than others.
  • Not provided with overtime opportunities like others.
  • Being assigned to less desirable locations or positions.
  • Being demoted, suspended, or laid off for no reason.
  • Being fired.

What To Do

Any of the above should be taken to your supervisor in writing. Go up the chain of management and file complaints as workplace rules require. It's against employment rules to retaliate against a worker for using their benefits, so speak to a workers' compensation lawyer for help on taking legal action.

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Personal Injury Law and You

In a personal injury claim, as with any other legal procedure, the best weapon you can have on your side is knowledge. Working with an experienced attorney is a good start, but you may not even know if your case is worth pursuing. This blog is for those people who are considering a personal injury claim for the first time, or who are already in the middle of their claim. We've scoured the net and compared several sources to provide you with accurate, reliable information that can apply to any personal injury case. We hope you find our blog useful for navigating your personal injury claim and getting compensation for your injury.