An employer may not fire, demote, harass or otherwise “retaliate” against an individual for reporting an injury at work, filing a workers’ compensation claim, or participating in a workers’ compensation proceeding. The concept is that employers should not retaliate or discriminate against employees for filing or receiving statutory workers’ compensation benefits for compensable work-related injuries. It is not only the termination of an employee that triggers a claim. It could be any employment action that allegedly results from the employee’s claim, including reduction in benefits and reassignment to a different position or location. The actual payment or denial of the underlying workers’ compensation claim by the insurance company is not a pre-requisite. The threshold is whether the employee has claimed a valid work-related injury.
If you feel you have been retaliated against, please call us so we can help you.