The law affirms your rights to file a workers’ compensation claim for an injury arising from your job. It is illegal for your employer to take negative action against you as a “punishment” for exercising them.
Unfortunately, some employers still attempt to retaliate against workers who file workers’ compensation claims. If this happens to you, you have the right to fight back. According to Chron.com, retaliation over workers’ compensation claims or other protected conduct can take many forms.
An employer who fires you over filing a workers’ compensation claim may not tell you that is the reason. However, if you lose your job soon after your injury or return to work, it is likely that your work comp claim is the real motivation behind it. If you have a spouse or other close family member who works at the same company, your employer may retaliate against you indirectly by firing him or her.
Demotion or pay cut
When you return after recovering from your injury, you may find that your employer has docked your pay, or demoted you to a lower position. Another way of retaliating against you in this fashion is denying you a promotion that you were set to receive otherwise.
Denying reasonable accommodations
Due to your injury, you may not be able to go back to exactly the same work that you did before. Your doctor may recommend lighter duty for you, and under the Americans With Disabilities Act, your employer has a responsibility to comply. Denying reasonable accommodations for disabled employees is a form of retaliation.
Though workers’ compensation is a no-fault system, you have to take legal action to hold your employer accountable for retaliation over your claim.