How To Spot Workers’ Compensation Retaliation
Signs of Retaliation
The most prevalent example of employer retaliation is when they fire the employee shortly after submitting a workers’ compensation claim. This action in itself can be an obvious sign that retaliation has occurred. There are other examples that may be less obvious, but still a sign that an employer is out to punish. It is not a good sign if your employer has changed your schedule to a less favorable one, transferred you to a less desirable department, reduced your pay, taken away PTO hours, created a hostile work environment, gossipped, gave an unfair performance review, disincluded you from trainings or meetings, or verbally threatened you. Employees do not deserve to have their rights violated and mental health jeopardized, especially after getting hurt or ill when they were just doing their job.
Employers Penalties
Those who are concerned about retaliation in the workplace can benefit by having a workers’ compensation lawyer intervene. A legal professional who has handled workers’ compensation claims in the past can assess your situation and let you know if your employer really is retaliating against you. When employers are found guilty, they can face substantial fines by law. Such penalties can include emotional distress damages, increased liability for wage loss, punitive damages, legal fees, and other types of compensation as determined by the court. So all in all, if you think you are the victim of workplace retaliation or something wasn’t handled correctly with your claim, there are legal resources available to you.
In Summary
Every employee deserves to work in an environment that has enforced precautions, protective gear if needed, and other protocols that keep them safe. Employees have rights to use workers’ compensation benefits when they become ill or injured from the workplace. This benefit program was established with the intention to reduce conflict between worker and employer if a serious incident were to unfold that resulted in injury or other health problems. But as a lawyer from Cohen & Cohen has witnessed, employers may not always be obvious in their retaliatory acts, which is why employees must be informed and stay vigilant. Anyone who suspects that their employer has engaged in retaliation is encouraged to speak with a legal team as soon as possible for protection and compensation.
Employers are bound by law to not retaliate against workers who file worker’s compensation claims. What this means is that employers cannot punish employees for utilizing their right to benefits after being injured or becoming ill from a workplace accident. Essentially, workers’ compensation programs were created to minimize friction and litigation between employer and employee if an injury or illness happens due to performing job duties. However, despite this being a right that employees have, employers may purposefully or unintentionally retaliate because workers’ compensation claims can cause them to lose profit. It is important to know how to spot workers’ compensation retaliation, so that if it happens to you or a loved one, you can take immediate action to keep the situation from exacerbating.