Employer Retaliation and Workers’ Compensation Claims

Workers’ compensation is a system that allows you to either take time off or work at a reduced capacity while still receiving medical care and your pay. Your employer is required to reasonably accommodate you so that you can return to your normal work once you are better.

If your employer is uncooperative with workers’ compensation or appears to punish you and try to make you quit because you filed a claim, then he or she could be breaking the law.

Learn about some ways your employer might retaliate against you for making a claim and create a hostile working environment. Also, understand the legitimate reasons for termination while you are still on workers’ compensation.

Subtle Ways That Your Employer May Retaliate

Your employer must accommodate you based on your doctor’s reports and the insurance company recommendations. Once you are better, you must be able to return to your old work or something similar. However, some employers engage in underhanded tactics to either get you to quit before you are better or be able to fire you for cause. Here are a few examples of shady tactics.

Your Employer Gives You a Job With Poor Working Conditions

Your employer may have you sit in an odd location and either does not work or do nonsense work that is nothing like your original job in order to get you to quit out of boredom or frustration.

Your Employer Offers Phony Work

Your employer claims that light-duty work is available, but when you follow up, you find out that you are really doing your old job. Explain to your employer that you are willing to work as long as it is within your doctor’s restrictions.

Your Employer Demotes You

Your employer gives you another job at a lower pay rate and responsibilities in a way that makes it look like a permanent change.

Your Employer Does Not Accommodate You

Your employer refuses to accommodate your injuries and demands that you continue working at your old position regardless of your doctor’s orders.

Your Employer Makes Up Disciplinary Charges

Your employer either makes up charges or appears to discipline you for minor mistakes that have never been a problem before your injuries.

Legal Reasons Where Your Employer Can Fire You

While it can be suspicious when an employer fires an employee on workers’ compensation, the employer may have a legal reason to do so. Some of these reasons are listed below.

Your Employer Is Downsizing

Your employer may need to let several employees go or sell a location as a cost-cutting measure, and your job is on the chopping block.

Your Injuries Cannot Get Better

Adequate time has passed and your injuries have not improved or have improved very little. Your employer has reasonably determined that you won’t be able to return to your old job.

You Engaged in Misconduct

You can still be fired for violating company policy or acted negligently.

Your Job Is Being Eliminated

Your employer is not obliged to keep your job open while you are recovering. While many employers may offer a similar position to the old one when this happens, the law does not require it.

Steps to Take to Prove Your Case

Proving that you were fired because of your claim is difficult but not impossible. Even if you are on good terms with your employer, keep detailed records of your case. You will need to prove that you did everything possible to get back to your regular job. You will also need to prove that you accepted your employer’s reasonable accommodations.

If you can prove that your employer purposely retaliated or fired you solely because you got injured and filed a workers’ compensation claim, then you may be eligible for monetary compensation. That’s where the workers compensation attorneys at Walz Law Office can help. Call us today to schedule your initial consultation.