Employer Retaliation: Understanding Your Rights

Sometimes people get injured at work. Machinery, heavy materials, slippery floors, electricity, and heights can all play a role in causing workplace accidents.

When a person is injured at work, employees have the legal right to report workplace injuries and file workers’ compensation claims without fear of punishment. However, sometimes workers try to hide their injuries. They may fear they will get demoted or even fired.

This is called employer retaliation and it occurs when an employer takes adverse action against an employee for exercising those rights. Retaliation is illegal under workers’ compensation laws as well as many state and federal employment protections.

Common forms of retaliation include termination, demotion, reduced hours, pay cuts, disciplinary write-ups, or harassment after an employee reports an injury or files a claim. Some employers may also retaliate by creating a hostile work environment or pressuring employees not to seek medical treatment.

To establish a retaliation claim, an employee generally must show that they engaged in a protected activity, such as reporting a work-related injury, and that the employer took negative action because of it. Timing can be important, as retaliation that occurs shortly after a claim is filed may raise red flags.

Workers who experience retaliation may be entitled to reinstatement, back pay, lost benefits, and additional damages, depending on state law. Some states also impose penalties on employers who retaliate against injured workers.

If You Have faced Retaliation

If you believe you have faced employer retaliation after reporting a workplace injury or filing a workers’ compensation claim, taking the right steps early can protect your job, your benefits, and any potential legal claim.

• Document everything immediately. Keep detailed notes of retaliatory actions, including dates, times, witnesses, and what was said or done. Save emails, text messages, performance reviews, schedules, write-ups, and voicemails.
• Follow company reporting procedures. If your employer has an internal complaint or HR process, submit a written complaint describing the retaliation. Keep copies of everything you submit.
• Continue medical treatment and comply with work restrictions. Missing appointments or ignoring doctor-imposed limitations can be used against you.
• Avoid confrontations or resigning without advice. Quitting or reacting emotionally may weaken your position. If conditions become intolerable, speak with an attorney to understand your options.
• File a retaliation or discrimination complaint. You may be able to file a complaint with a labor department, workers’ compensation board, or civil rights agency. Strict deadlines often apply.
• Consult an attorney promptly. An attorney can evaluate whether the employer’s actions violate the law, preserve evidence, handle communications, and pursue remedies such as reinstatement, back pay, or damages.

Contact Us for More Information About Workers’ Compensation Benefits

Retaliation is illegal but it does happen. Employers feel as though they lose money when employees exercise their rights, but preventing them from doing so can come with repercussions.

Injured at work? You have rights. A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can help you understand them and get you the compensation you need. To schedule a consultation, fill out the online form or call (914) 228-1770.

Source:

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