Once you suffer an injury at work, the first thing to do is to file a workers’ compensation claim. However, some employers can never accept the claim. Such employers can seek to punish you in one way or another. This is a very challenging situation, especially when one is struggling with the physical and/or emotional effects of the injury.
Everyone should be protected against such an idea. Things get worse if one is laid off during a workers’ compensation claim.
Don’t worry if you find yourself in this situation. There are resources on how to deal with them. Get in touch with a workers’ compensation lawyer to find out how you can deal with the situation.
How To Deal With Retaliation When Filing A Workers’ Compensation Claim
Here’s a look at how to handle the situation in a way that’s both smart and proactive.
Be Smart Enough to Recognize the Signs
First, you need to spot the signs of retaliation when it’s happening. Retaliation isn’t always obvious. It can come in the form of a sudden demotion, a reduction in your hours, being passed over for promotions, or even being assigned tougher, undesirable tasks.
In some cases, it could be a direct threat to your job or a sudden negative change in how your supervisors or coworkers treat you. If you notice these changes happening after you file a workers’ compensation claim, you might be facing retaliation.
Know Your Rights
Learn about your state’s laws under workers’ compensation and know your employer’s duties and obligations. This will put you in an informed position so that you can stand up for yourself.
Start Gathering Physical Evidence
Jot down the dates, times, and exactly what’s been happening or how things have changed at work. Keep any emails, memos, or messages that might back up what you’re noticing. All this is quite important.
Having this kind of record can really help if you ever need to take the next step. Also, don’t forget to keep notes on your workers’ compensation claim itself, who you talked to, when you filed it, and what your employer said in response.
Communicate with Your Employer
If you feel like something’s off, it’s possible that the retaliation you’re feeling might be a result of a simple misunderstanding or miscommunication. Sometimes, things get twisted without anyone really meaning for them to.
It might be worth having a conversation with your supervisor or HR about what’s been happening. You can just let them know how you’re feeling—be honest and clear.
You’re not out to stir up trouble; you’ve just noticed things aren’t quite the same since you filed your claim, and it’s bothering you. Giving them the chance to understand where you’re coming from could help clear the air and hopefully make things right again.
Seek Legal Help
If the situation doesn’t improve or if your employer outright denies that anything is wrong, it’s time to seek legal assistance. An attorney who specializes in workers’ compensation or employment law can help you navigate this tricky situation. They’ll be able to tell you whether the actions you’re experiencing constitute retaliation and can guide you on the best steps to take.
In some cases, this might involve filing a formal retaliation claim against your employer, which could lead to compensation for lost wages, reinstatement of your position, or even additional damages.
File a Retaliation Complaint
If necessary, you can file a retaliation complaint with your state’s labor board or workers’ compensation commission. They’ll investigate the situation and determine if your employer is retaliating against you for filing a legitimate workers’ compensation claim. This process can take time, but it’s a formal way to address the issue and ensure your rights are protected.
Conclusion
Retaliation is against the law, and you are free to file a worker’s compensation claim without any form of punishment from your employer. Do not allow your employer to change your mind and make you refrain from practicing your rights.