When you are injured at work, you have the right to make a workers’ compensation claim. Doing so can provide you with a myriad of benefits, such as medical care, lost wage replacement, and rehabilitation. Unfortunately, some employers become angry or upset when a claim is made due to the associated financial impact, administrative burden, and concerns about company reputation or potential fraud. Your employer may even try to retaliate against you.
What Is Workers’ Compensation Retaliation?
Workers’ compensation retaliation is when an employer illegally punishes injured workers for filing a workers’ comp claim or reporting a work-related injury. When an employer engages in retaliation, they are essentially punishing an employee for exercising their legal right to seek benefits they are entitled to. The goal of retaliation is usually not just to punish the employee making the claim, but also to discourage other employees from making workers’ comp claims in the future.
Common Signs of Retaliation?
Retaliation can take many forms. Some are obvious, while others are much more subtle. Let’s take a look at some of the most common forms of retaliation you may experience.
Sudden Termination
This is usually the most overt form of retaliation. In many cases, an employer will terminate an employee immediately after they make a workers’ compensation claim. Savvy employers may try to disguise this by providing a “legitimate” reason for the termination, such as saying it was a necessary layoff or due to poor job performance. However, the real reason is often to retaliate against the injured employee.
Reduction In Hours
Reducing hours can be a more subtle form of retaliation. It usually begins slowly, with fewer overtime shifts, but often culminates in a serious reduction in hours. The aim is to give the employee so few hours that their quality of life suffers, with the ultimate goal being that the employee will eventually quit.
You should also be aware that instead of reducing hours, some employers may instead move you to inconvenient shifts. For example, they may change your schedule so that you are working all night shifts. The end goal remains the same, to inconvenience you until you choose to quit.
Hostile Work Environment
A hostile work environment is when an employer takes certain actions that create an intimidating, offensive, or abusive atmosphere, making it difficult for an employee to do their job. This can be done through increased scrutiny, unfair criticism, intimidation, harassment in the workplace, and unfairly blaming an employee for workplace issues.
What Is Not Retaliation?
Just as important as knowing what is retaliation, is knowing what isn’t. This can be a fine line. For example, if you are let go after making a claim, but your employer can prove that it is a legitimate business layoff, that is not retaliation. Additionally, discipline for documented misconduct is also not retaliation.
What to Do If You Suspect Retaliation
If you suspect that you are the victim of retaliation, you should take action immediately. Begin documenting all incidents and communications. You should keep records of any emails, texts, or performance records that could be used as evidence of retaliation. You should also report your concerns internally to HR or management. This will create a record of the retaliation, which will make it so that your employer cannot claim ignorance later.
Legal Remedies
It is illegal for an employer to punish you for filing a valid workers’ compensation claim. This means that you can sue when this happens. Possible remedies include job reinstatement, lost wages, emotional distress damages, and even punitive damages.
It should be noted that the specifics regarding your lawsuit and possible remedies will vary by state. For example, Massachusetts has specific protections against retaliation. You should consult an attorney who practices in your state to find out exactly what your options are.