If you're injured on the job, you may not think twice about filing a worker's compensation claim, especially if you will be unable to work for an extended period of time. Employers have insurance to pay for these claims, so they are supposed to be seen as just a normal cost of doing business. Unfortunately, some employers take these claims personally. Not only will they try to fight the claim, they may also try and retaliate against the employee. This guide can help you through this if it happens to you.
What Qualifies as Retaliation?
Everything from on-the-job harassment to wrongful termination can qualify as retaliation. The following list isn't inclusive, but it is a good starting point for recognizing behaviors that can be considered retaliatory in nature:
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Changing job description and duties after the claim, which make it more difficult or impossible for you to now fulfill the duties.
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Cutting hours and reducing responsibilities far below what is necessary to accommodate your injury and recovery.
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Verbal or physical abuse while you are on the job. Any behavior that makes you uncomfortable can fall under bullying.
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Wrongful termination. Keep in mind, your employer can still terminate you for breaking rules in your employment contract, such as showing up late for your shifts.
How Should I Respond to Retaliation?
First and foremost, keep your cool. This can be difficult, especially if you are being verbally abused. It's important that you don't respond with your own violent or abusive behavior, since this can be used against you in court.
Instead, keep records of every instance. Record the date, time, and conditions when you were acted against. If you are terminated, write down everything you remember about the conversation as soon as possible. Keep any documents pertaining to the harassment or termination. Make copies of both your personal record and any work documents. You don't want to lose your only copy.
When Should Your Pursue a Retaliation Case?
If you suspect your employer is retaliating, you need to talk with a worker's compensation attorney immediately. Your attorney can gather the information and evidence and help you make an educated decision as to whether this is something that you need to pursue. Retaliation is illegal, so it is something that will need to be addressed by the legal system.
If retaliation is found, you can bring a lawsuit up against your employer. The award for the retaliation lawsuit will be separate than anything that is awarded via worker's compensation.
For more information on worker's compensation cases, contact a firm like The Law Offices of Gregg Durlofsky.
