What Happens if my Employer Tells me Not to File a Workers’ Compensation Claim or Fires me Because I Made a Claim?
Workers’ compensation benefits are especially important for those who have become injured or fallen sick due to something that happened in the workplace. Employers must legally carry this type of insurance to help employees in their time of need. However, some employees have fears when they have become injured. They may believe that their employer may fire them or try to talk them out of filing a claim. What does the law say about this?
The truth is, workers’ compensation is usually made quite affordable for the employer. However, this police price is usually determined by the company’s accident history. This means that many employers are motivated to abide by good safety policies and practices or, in another scenario, minimize possible claims. This could lead to an employer threatening injured employees by telling them not to make a claim so that their policy does not rise. If an employer is concerned about these rates, the employee could lose out when they realize that an employer is retaliating against them and trying to keep them from making a claim.
At-will employees will usually have fears over being let go due to the fact that an employer is permitted to terminate employment based on many things like poor work performance, restructuring of the company, and more. However, workers’ compensation claims are never a legitimate reason to let an employee go. Employers are legally not permitted to terminate employment as retaliation for filing a workers’ compensation claim. If they do, you could file a discrimination or retaliation lawsuit.
How do you prove retaliation and violation of workers’ compensation law?
There are many different laws in various states on workers’ compensation laws. Many states are the same in the respect that they have protection against workers’ compensation retaliation and employer abuse. You must be able to prove certain elements to show that you have a legitimate claim against your company and employer. For one, you must have been a worker who was eligible to receive these benefits in the first place under workers’ compensation law. You must have also attempted to file a claim, suffered a termination, and it must have motivated the employer to retaliate against you.
You may not know it, but there are many acts that an employer can take that are considered to be ‘retaliation.’ If you have been treated adversely after you filed your claim, then they are probably retaliating or discriminating against you and your rights. Just because an employer chooses to fire you does not automatically mean that you were retaliated against; no, there must be causation to prove this. However, if there was a change in your employment due to making the claim, you may have reason to file a lawsuit. Some of these changes in employment include demotions, changes in position or responsibilities, lowered pay, or unwarranted disciplinary actions.
What should I do to maintain my rights?
If you have made a workers’ compensation claim and your employer fires you, then you should always keep good day-to-day documentation on this. This includes printing emails and saving documents that might support your lawsuit for employment discrimination. If you believe that you have been discriminated against, you should talk to an attorney as soon as possible because there may be a statute of limitations to follow. You can call Maggiano, DiGirolamo & Lizzi for more information on how to maintain your rights in the workplace after you have sustained a serious injury. They will help guide you every step of the way.