Being Retaliated Against After A Workers' Compensation Claim Filing

Law Blog

Hurt workers are already dealing with enough. They should not also have to put up with retaliatory actions from their employers. To learn more about this issue, read below.

You Have Rights

Previously, hurt workers took action after a workplace accident by filing a civil suit. The advent of workers' compensation insurance meant that hurt workers could be protected against certain employer actions while still being paid for their medical expenses and more.

Identifying Workplace Retaliation

Both your employers and your co-workers can perpetrate workplace retaliation. It can be obvious or subtle, but you are sure to notice the changes. Below are just a few examples of workplace retaliation to watch out for after you return to work:

  • Demotions
  • Cut hours
  • Not being promoted
  • Being ostracized 
  • Termination of employment

Speak to a Lawyer

Workers who face retaliation just for using the insurance benefits that were meant for them can act. You don't have to put up with being miserable after you have already been through a workplace accident. Speak to a workers' compensation lawyer if you experience problems with your claim at any point. Some workers, unfortunately, notice problems both before and after they return to work. Some employers harass the hurt employee by phoning them every day. Some may even visit the hurt worker at their home to encourage them to stop accepting insurance benefits and get back to work.

What to Do

Follow the below tips to ensure that you are protected from retaliatory actions after filing a workers' compensation claim:

  1. Keep up with any communications from your employer after an injury. Keep a log of all phone and face-to-face conversations and any correspondence from your employer. If you are contacted by a co-worker, make a note of that as well. Be sure and date the entries and include the full names of the person you interacted with.
  2. If you know of anyone at your workplace willing to corroborate your accounts of workplace retaliation, make a note of it.
  3. Take photos of any signs of harassment such as notes left on your vehicle, scrawled messages on your locker, and more.
  4. Speak to your supervisor and report all retaliatory actions to human resources.

Finally, speak to your workers' compensation lawyer. They understand the federal laws that protect hurt workers and will act on your behalf. Some hurt workers may be entitled to money damages for retaliation. Speak to a workers' compensation lawyer to find out more.


8 August 2022