Many workers in several at-risk occupations face the possibility of injury on nearly every shift. From slips, trips and falls to crush injuries and being struck by falling debris, workplace injuries are commonplace. Unfortunately, many accidents and injuries go unreported as workers fear retaliation.
Retaliation refers to any negative action taken by the employee’s manager or supervisor in response to something the employee does or says. In this instance, the retaliation comes as a consequence of the employee filing a workers’ compensation claim. These retaliatory actions and negative consequences are illegal as workers are protected in numerous ways. If you feel you have suffered retaliation, it is wise to be vocal about your situation.
Common forms of retaliation can include:
- Wrongful termination
- Reduction in hours
- Reduced wages
- Unwarranted disciplinary action
- Unexpected transfer
- Turned down for promotion
- Changes in position or responsibilities
In most instances, it might be challenging to prove causation – that the retaliation is a direct result of the employee filing the workers’ compensation claim. Often, this is the most disputed part of the retaliation claim. In many situations, the timing of the events is crucial.
If you suffered a workplace injury, it is crucial that you file a workers’ compensation claim to cover your medical costs and alert your employer there might be an unsafe process or faulty materials at play. If you are worried about facing retaliation for filing a claim or you have suffered retaliation at the hands of your team lead, manager or supervisor, it is imperative that you work with an experienced workers’ compensation attorney who can protect your rights and help you seek the benefits you are entitled to.