I’m scared my employer will retaliate if I file a workers’ compensation claim.
In an effort to avoid increased insurance costs or direct payments, employers may frown upon injured employees, or even attempt to retaliate with blatant discrimination. Actions considered employer retaliation include demotion, pay cuts, and uncalled-for disciplinary actions, and are illegal.
If you’ve experienced discrimination linked to your pursuit of your rights, you may have a right to bring legal action against your employer.
State laws vary, but in order to win a workers’ compensation retaliation case, you’ll generally need to prove the following:
- You were an employee entitled to workers’ compensation benefits.
- You exercised a right guaranteed by workers’ compensation laws.
- You were discriminated against because you sought of your rightful benefits.
If you think you have grounds for suing your employer for retaliation, it is critical that you contact an attorney. Don’t wait — most states require that retaliation charges be filed promptly, sometimes within a period of only a few weeks.