How to Prove Your Employer Retaliated for Your Work Comp Claim

Getting injured in the workplace is not unusual; in fact, it is anticipated. That is why the law requires employers to carry workers compensation insurance to ensure that employees are taken care of after getting injured at work.

If you have been injured at work, you have up to thirty days to notify your employer verbally or in writing to initiate the work comp claim process. Your employer will then file the necessary documents with the work comp authority in your state for approval or rejection.

If approved, you will get medical benefits, temporary disability benefits, or permanent disability benefits. In case you succumb to your injuries, your family should be able to get death benefits for several years at the rate of temporary disability benefits.

How Employers Can Retaliate

There are many employers who are often angered by employees who claim work comp benefits. Some of these employers can retaliate against their employees in several ways:

Firing an Injured Employee

The good news is that the law prohibits employers from firing injured workers or workers who miss work due to work-related injuries.

Failure to Accommodate Disabilities/Limitations

Some employers may not take measures to accommodate limitations resulting from work-related injuries, such as providing light-duty work or giving the employee something to do where they can sit rather than stand.

Denying Promotion

Some employers can retaliate by denying employees, who have recently filed a work comp claim, any promotion.

Writing Negative Performance Reviews

This is one of the most common retaliation strategies used by employers. By writing unjustified negative performance reviews, these employers can use the negative reviews as justification for terminating an employee who recently filed a work comp claim.

It is important to note that employer retaliation is illegal and can cause the employer more problems. If you feel that your employer has retaliated against you in one way or another for filing a work comp claim, you should hire a Fayetteville work comp attorney to help you get some justice.

How to Prove Your Employer Retaliated for Your Work Comp Claim

Ideally, you should hire a lawyer with a lot of experience handling similar cases. After finding the right lawyer, you can start gathering the necessary evidence:

  • Prove that you were entitled to work comp benefits due to injuries sustained at work.
  • Prove that you filed your work comp claim properly and in a timely manner.
  • Prove that adverse action was taken against you.
  • Prove that the adverse action taken against you was a result of the work comp claim you filed.