Getting hurt on the job can be more than just physically painful; it can be mentally painful as well. Instead of getting up and going to work to earn your salary, you may need to file for assistance through a workers' compensation claim.
To add insult to injury, some employers retaliate against these claims.
What is workers' compensation retaliation? First, it helps to have an understanding of what workers' compensation is.
Workers' comp is a program that is in place to help workers who suffer from injuries due to on-the-job accidents. Once a claim is filed and approved, you should start receiving payments to help make ends meet while you recover.
Workers' compensation retaliation occurs when an employer fires an employee for filing a workers' compensation claim. In fact, retaliation can exist even before a claim is filed. Simply reporting the injury to an employer could result in a retaliatory act by an employer.
Is this type of retaliation legal? No, it is not. It is unlawful not only for an employer to terminate the position of an employee due to a workers' comp claim, but also to discriminate against this worker in any way. This could include a demotion or unwarranted disciplinary actions.
What can an injured worker do? There are remedies. Workers can take a number of steps to hold employers that violate workers' compensation laws accountable.