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Injured on the Job? Know Your Rights: Can Your Employer Retaliate for a Workers’ Comp Claim?

At Physio Health Clinic, we understand that workplace injuries can be stressful and disruptive. While recovering from an injury is your top priority, navigating the workers’ compensation system can add another layer of concern. One worry some employees have is potential retaliation from their employer for filing a claim.

Here’s what you need to know:

  • No Retaliation Allowed: In all states, it’s illegal for employers to retaliate against an employee for filing a legitimate workers’ compensation claim. This protection extends beyond simply being fired. Employers cannot take any negative action against you, including:
    • Demotion
    • Pay cuts
    • Reduction in hours
    • Unwarranted disciplinary actions
    • Changes in job duties that hinder your recovery
    • Negative performance reviews
  • Burden of Proof: If you experience negative actions after filing a claim, you may have a case for retaliation. However, the burden of proof lies with you to demonstrate a connection between the claim and the employer’s actions.
  • Document Everything: Keep detailed records of everything related to your injury and claim. This includes:
    • Accident reports
    • Doctor’s notes
    • Communication with your employer regarding the claim
    • Any documentation of negative treatment after filing

What to Do if You Experience Retaliation

If you feel your employer is retaliating against you for filing a workers’ compensation claim, here are some steps you can take:

  • Report the Retaliation: Inform your employer, preferably in writing, that you believe they are retaliating against you.
  • Contact Your State’s Workers’ Compensation Agency: They can provide information on your rights and how to file a formal complaint.
  • Seek Legal Counsel: An attorney specializing in employment law can advise you on your legal options.

Physio Health Clinic Can Help

Physio Health Clinic is here to help you recover from your work-related injury. We understand the importance of getting the medical attention you need and navigating the workers’ compensation process. Our team of experienced physiotherapists will work with you to develop a personalized treatment plan to get you back to work safely and efficiently.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for legal guidance on your specific situation.