Can my Employer Retaliate if I File a Workers’ Comp Claim?

  • Posted on: Aug 30 2018
  • By:

Some people are hesitant to file a workers’ compensation claim, even if they know their case is completely valid, because they’re afraid that their employer will retaliate against them. While this is certainly not something that should occur, it does. Many states do have laws that state employers may not retaliate in any way against workers, some states don’t. It can also sometimes be difficult to prove that your employer’s actions are a direct result of the workers’ comp claim you’ve filed.

What Does the Law Say?

Workers’ comp laws are not universal—each state has its own laws, and while some are very similar, some are fairly different. For example, many states do have laws that protect your job if you file a workers’ comp claim, but there are some where your employer could fire you. There is no federal law protecting employees who have filed workers’ comp claims.

What Are Protected Activities?

In order to show that you’re being retaliated against, you have to have engaged in a protected activity under your state’s workers’ comp laws. These protected activities, again, do differ from state to state. Most are fairly broad and offer protection to those who have filed a claim, alerted their employer that they are intending to file a claim, or have sustained some sort of injury while on the job. Some states do require you to file a formal document stating that you were injured, but many do not. Even in states that don’t necessarily require this documentation, it’s always a good idea to file the paperwork anyway. It helps back up your claim and creates a paper trail for the series of events surrounding your injury.

What Counts as Retaliation?

Retaliation can come in many forms and is often unique to your situation. Broad forms of retaliation from an employer include being demoted, having your responsibilities changed, lowering your pay, or bringing unwarranted disciplinary actions against you.

You should never let your employer or anyone else intimidate you into not filing a valid workers’ comp claim, especially if you were severely injured. Maximum Orthopedics is here to help you file these claims and receive the compensation you’re due. Contact us today to learn more about what filing a claim involves.

Posted in: Blog, Work Injuries, Workers Compensation Benefits

3 Convenient Locations



Recent Posts

Ride-Sharing Services and Auto Accidents: What You Need to Know

Ride-sharing services such as Uber and Lyft are very convenient and affordable, and many people use them every day. But what happens if your driver gets in an auto accident while you’re a passenger? If you’ve been in such an accident, you need to know what to do to ensure that you receive the compensation ... read more
  • Posted on Feb 26, 2021
  • By:

Workers Comp Injuries that Can Occur in an Office Setting

While it’s true that many worker’s comp injuries happen in industries such as construction or manufacturing, that doesn’t mean those who work in an office never suffer these types of accidents. There are a number of ways you can get hurt in an office setting. If you are aware of these common injuries, you can ... read more
  • Posted on Feb 15, 2021
  • By:

What to Do if You Are Becoming Dependent on Pain Medication

If you are taking pain medication, you may be concerned about becoming addicted or dependent on it. This is a valid concern, especially if you know you have addictive tendencies or have a family history that includes addiction. If you believe you are starting to become dependent on your pain medication, here are some steps ... read more
  • Posted on Jan 25, 2021
  • By:

Get in touch