Can Your Employer Retaliate on a Workers Compensation Claim?
When it comes to workers’ compensation claims, there are many laws in place that help protect both the employer and the employee. Each state will handle reports of discrimination or retaliation after a workers’ comp claim differently. In most states it will be the Labor Department for the state that will manage any type of retaliation claim that is being made against an employer.
Retaliation or discrimination from an employer after a workers’ compensation claim has been made is illegal in most states. There are different ways that an employer may discriminate against someone who has made a claim. Often times this retaliation comes in the form of a demotion of some sort.
If you feel you have been discriminated against or feel your employer may be retaliating against you because of a claim that you have made, you should contact your state’s Labor Department in order to get the appropriate forms to fill out for your claim. You may also want to contact a lawyer to discuss the case against your employer.
In most states, if it is found that retaliation or discrimination did occur, the company will have to pay a fine. The state will typically not award any money to the claimant. If you wish to receive any type of compensation for the discrimination you are going to need to take personal legal action against your company through a lawsuit.
If you truly feel that you have been terminated wrongly or retaliated against in anyway because of a workers’ compensation claim, discussing what has happened with a local attorney is typically the best option. A discrimination lawyer will be able to determine whether or not you can obtain compensation from your claim as they are experienced in this area of the law.