An employee who is injured on the job and who files a workers’ compensation claim may have fears about being fired or retaliated against for doing so. While these fears may be very real – it is certainly not unheard of for an employer to retaliate against an employee for filing a workers’ compensation claim – it is illegal for an employer to take any action of the sort.
In addition to not being fired for filing a workers’ compensation claim, and employer cannot retaliate against you in any way. This includes:
- Threatening you;
- Demoting you;
- Reducing your pay;
- Refusing to promote you;
- Giving you an unjustified negative evaluation;
- Increasing surveillance of you;
- Putting you on probation; or
- Taking any other retaliatory action against you.
You right to file a workers’ compensation claim and not be retaliated against is protected under federal law (see the U.S. Equal Employment Opportunity Commission for more details about retaliation).
What Should I Do If My Employer Retaliates Against Me?
If your employer retaliates against you for filing a workers’ compensation claim, you should seek legal counsel immediately. Not only can hiring an attorney help to restore you to your original position within the company for which you work, but your employer may also face civil charges as well.