Workers’ compensation and employer retaliation
As a worker, you do whatever it takes to provide your company with a high level of service.
Unfortunately, regardless of your position, you could be injured on the job at some point in time. You hope this never happens, but there is no way of knowing what the future will bring.
Workers’ compensation laws are in place to protect both the employer and employee. As long as everyone is respectful of the system, things typically work out in the long run.
Unfortunately, some companies don’t follow the law. Instead, they do whatever it takes to fight back against a workers’ compensation claim. Along with this, they may even go as far as to retaliate against an employee who makes a claim for benefits.
In the event than an employee is discriminated against for filing a workers’ compensation claim, he or she has the right to file a retaliatory discharge lawsuit against the company.
With this approach, the employee is required to convince the court that he or she was wrongfully terminated. However, they don’t have to prove without a doubt that the workers’ compensation claim was the only reason for the discharge.
Note: discharge is not the only type of retaliation. This can come in many other forms, such as reduced job responsibilities or a cut in salary.
If you’ve been injured on the job, make sure you know what you should and shouldn’t be doing as an employee. This means notifying your company on time, filing a claim, and receiving treatment.
From there, file a claim for workers’ compensation benefits and pay close attention to what happens next.
Source: FindLaw, “Workers’ Comp: Employers’ Responsibilities,” accessed Dec. 06, 2016