What To Do When You Face Workplace Retaliation For Using Workers Compensation

Have you filed a workers compensation claim after being injured on the job, and now you feel like your employer is retaliating against you? If so, you'll definitely want to know what to do in this unique legal situation regarding workers compensation.

Know Your Rights

It's important that you know what your rights are in this type of situation. Employers are not allowed to retaliate against any employee that uses workers compensation after being injured. Retaliation can be done in many different ways, such as giving someone a pay cut, demotion, a bad performance review, or even terminating their employment. If you've experienced some sort of retaliation from your employer, then you'll definitely want to pursue legal action against them.

Consult With A Workers Compensation Lawyer

It will be worth scheduling a consultation with a workers compensation lawyer in your area. They have experience in these types of cases, and they can let you know if you have a valid retaliation case on your hands. If you decide to move forward with a complaint against your employer, the lawyer can represent you throughout the entire process to ensure it is handled correctly. You'll be up against your employer and the workers compensation insurance company, so you will need all the help you can get.

Document The Retaliation 

It's important that you document the retaliation by your employer so that you can use it in court. Some things will need to be documented in a journal if they are said verbally to you, but anything in email or writing should be kept. Your documentation is key to winning your case, so you'll always be better off keeping a record of it.

File The Complaint

With your evidence in hand, you can now file a formal complaint against your employer. Your workers compensation lawyer can help ensure that you are filing it with the correct state agency so that they can take action on your behalf. If you need representation during the complaint process due to the complaint going to court, your lawyer will also assist you in that manner as well. 

Dealing with an employer that breaks the law is never a good situation to be in. Thankfully, with the right professional help on your side, you do not have to be a victim anymore. You were already injured while on the job, and you shouldn't have to face retaliation for using the insurance that was designed to compensate you. 

Contact a local workers compensation attorney for more info.