Fighting Discrimination After a Workers’ Comp Claim
Workers’ compensation provides essential benefits to employees who suffer injuries or illnesses arising from their employment. However, some workers may face discrimination or retaliation for exercising their rights under workers’ compensation law. If you believe you have been discriminated against due to a work-related injury or illness, understanding your rights and taking appropriate action is crucial.
What Constitutes Workers’ Compensation Discrimination?
Workers’ compensation discrimination occurs when an employer takes adverse actions against an employee for filing a workers’ compensation claim, seeking or receiving workers’ compensation benefits, or testifying in a workers’ compensation proceeding. These adverse actions can include:
- Termination of employment
- Demotion or reassignment to a less desirable position
- Reduction in wages or benefits
- Harassment or intimidation
- Refusal to provide reasonable accommodation for a work-related injury or illness
Protecting Yourself from Discrimination
If you believe you are facing workers’ compensation discrimination, it’s essential to take proactive steps to protect your rights:
- Document the discriminatory actions. Keep a detailed record of any discriminatory actions, including dates, times, witnesses, and specific details of the incidents.
- Report the discrimination to your employer’s human resources department. Follow your company’s complaint procedures to formally report the discrimination.
- File a complaint with your state’s workers’ compensation agency. Each state has an agency that oversees workers’ compensation claims and handles discrimination complaints.
- Consult with an attorney. An experienced attorney can provide legal guidance, assess your case, and help you navigate the legal process effectively.
Remember, you are not alone. Many workers have faced similar situations and have successfully protected their rights against discrimination. By understanding your rights, taking action promptly, and seeking legal counsel, you can safeguard your employment and ensure you receive fair treatment.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.