Some employers are reluctant to compensate employees for injuries received while working. As a result, an employee could face discrimination and other acts once they return to work. If you feel that your employer is treating you unfairly after filing for workers' comp, here is what you need to know.
Can Your Employer Terminate or Demote You?
One of the biggest concerns that employees have after filing a claim for workers' comp is whether or not their employers will terminate or demote them. Although it can happen, legally, an employer does not have the right to retaliate for a claim.
Federal law make unlawful harassment in the workplace illegal. In addition to several federal laws, there are also state laws to protect employees from retaliation. Your employer cannot even threaten to retaliate. If you feel that you have been unfairly targeted after filing a claim, you can take action.
What Can You Do?
An important step you can take towards proving that your employer is behaving unfairly is to document everything. You need to make note of any actions against you, including coachings you receive. Be sure to include the dates and the names of any witnesses who saw what happened.
If you received any documentation regarding the action that was taken, keep it. These can be key in proving your claim. If possible, get a copy of your employment records. You can use those records to show that you were considered to be a good employee until you needed to file a workers' comp claim.
Workers' comp laws are designed to protect employers from lawsuits. It is because of this that you cannot file a lawsuit against your employer for your injuries. However, the law does allow you the chance to file a lawsuit for retaliation. In order to clear the way for that though, you must file a claim with the Equal Employment Opportunity Commission, or EEOC, first.
The agency will review your case and decide if your employer did act in a retaliatory manner. If so, fines could be levied against it. However, if the agency is unable to substantiate your claims, you will be cleared to take action in court.
Before you take any actions, consider consulting with a workers' comp attorney. He or she can review the actions of your employer with you and help decide if you should take further legal action to protect yourself.Share
8 April 2016
When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.