Retaliation is a legal and ethical issue that, unfortunately, many workers’ compensation claimants face.
Some employers worry about higher insurance premiums and vent their frustrations on injured workers. Others create an unpleasant workplace to force an employee to quit.
Whatever the case may be, there is never a good reason for retaliation. If this is happening to you, here is some helpful information.
What might an employer retaliate?
While it is illegal, some employers punish an employee for filing a workers’ compensation claim. However, it’s often because of misguided reasons.
For example, an employer might be concerned about higher insurance premiums. This is only true to some extent. Workplaces with very frequent and severe injuries might pay for more insurance. Still, concerns about higher costs do not outweigh an employer’s responsibility to protect their workers.
An employer may also suspect the claim is false or the worker exaggerated their injuries. In such cases, proper investigation is the correct step, not punishment.
What are examples of retaliation?
Employer retaliation can happen in several ways, such as:
- Demoting or firing an employee
- Bullying or harassment
- Reducing hours or pay
- Giving bad performance reviews
If you believe your employer is retaliating against you for filing a workers’ comp claim, it is important to document any evidence of related incidents. For instance, you can collect communications containing bullying, harassment and other unethical actions.
How can you fight against retaliation?
If possible, start by looking for an internal solution. This may include talking to human resources or a supervisor you trust. You can also review your company’s policies on unfair treatment and any related complaint processes.
If an internal solution is not possible or effective, you may need to file a formal complaint with your local labor agency or an appropriate governing body like the Occupational Safety and Health Administration (OSHA).
It may also be beneficial to consult an attorney specializing in workers’ compensation. They can help you work toward an answer that aligns with your rights and best interests.
All employees have the right to a safe workplace free from retaliation, especially after suffering an injury. These steps can help make sure you receive the benefits you deserve without fear of negative outcomes.