I’m scared my employer will retaliate if I file a workers’ compensation claim.
If you are scared that your employer will retaliate against you after you file a workers' compensation claim, you will be glad to learn that the law protects you when you file such a claim.
If your employer has already retaliated against you, contact Morgan and Morgan by filling out our free case evaluation form. Or, if you are not sure where to start with the workers' compensation claims process, our workers' compensation attorneys might be able to help.
Contact us today for a free, no-obligation case evaluation.
What Should I Do If My Employer Retaliates for Filing a Workers' Compensation Claim?
If your employer retaliates against you for filing a workers' compensation claim, you may be able to take legal action against them. If possible, document your employer's actions towards you. For example, you may want to write down the date you filed the workers' comp claim and when you think your employer began retaliating against you.
You can also document the specific retaliatory action your employer took against you. For example, if you were fired for filing a workers' comp claim, it is advisable to keep copies of the termination letter. In addition, you may contact your employer or the human resource manager to find out exactly why your employer terminated your employment with them.
Their reason for terminating you could come in handy later when you file a lawsuit against them. This is because a rogue employer may come up with face-value reasons for terminating your employment. For instance, if your employer falsely claims that you were constantly late for work, this could be a case of employer retaliation.
You may also want to collect the contact information of witnesses who may be relevant to your case. For example, if you were fired because you were reportedly constantly late to work, your coworker's testimony could be crucial to your case.
Lastly, contact Morgan and Morgan workers' compensation attorneys. Our attorneys understand how disappointing it is to work so hard only to be taken advantage of by rogue employers. Your employer should not retaliate against you for filing a workers' compensation claim – it is within your rights to file such a claim if you were injured in the workplace. In that case, our competent workers' comp attorneys might be able to fight for you.
What Are the Consequences of Employer Retaliation?
Suppose your employer retaliates against you for filing a workers' compensation claim. In that case, our attorneys might be able to help you get the compensation you need and deserve under your employer's workers' compensation insurance. In addition, we might be able to file a standalone employer retaliation lawsuit seeking compensation for the damages you faced due to your employer's conduct.
The exact damages you may be able to recover will depend on the specifics of your case. In most cases, workers can recover lost wages, benefits, and compensation for emotional distress. Depending on the specifics of your case, the court might order your employer to:
- Reinstate you if you lost your job due to filing a workers' comp claim
- Promote you if you were denied promotion due to filing such a claim
- Pay punitive damages if your employer was grossly negligent in their actions toward you
- Take any actions to make you feel 'whole' (the condition you would have been but for the retaliation)
Why Would My Employer Retaliate Against Me for Filing a Workers' Compensation Claim?
Below is an overview of how workers' compensation insurance works to understand why your employer would want to retaliate against you.
In most states, certain employers must have workers' compensation insurance. This insurance is designed to cover employers when they get injured in the workplace or while on duty. In exchange, employees waive their right to file a personal injury lawsuit against their employer for the injuries sustained while at work.
But like any other type of insurance, employers may need to pay more premiums when their employees file workers' compensation claims. This is because insurance companies assume that their client's (in this case, your employer) workplace is unsafe when you file such a claim. Workers' compensation insurance works just like your automobile insurance. The more claims you file, the higher premiums you may need to pay.
For this reason, some employers might not be pleased about paying more premiums just because their employer filed a claim. In addition, depending on the nature of your injuries, the company's reputation might be at stake. For instance, if you lost an arm because your employer was extremely negligent, such a case could taint the company's image. As a result, rogue employers may want you to waive your right to file a lawsuit and the right to file a claim, which is unfair by any standards.
How Can Morgan and Morgan Help If My Employer Retaliates Against Me?
If your employer retaliates against you for filing a workers' compensation claim, do not panic; Morgan and Morgan might be able to help. Our attorneys file the most employment dispute lawsuits in the country. You can read more about it here.
At Morgan and Morgan, we have the resources to fight for you. To put things into perspective, we are the largest personal injury law firm in the country. We represent clients from coast to coast whose rights have been violated by rogue employers.
In addition, we have a solid track record of winning such cases. So far, we have helped our clients recover over $13 billion in different kinds of lawsuits, including those filed against their employers for retaliating against them. Check out some of our most recent results here.
So when you contact Morgan and Morgan for a free case evaluation, you can rest easy knowing that your case is being handled by experts.
Tell us about your case if your employer has retaliated against you for filing a workers' compensation claim or you are worried they will. We might be able to protect you.