8 Examples Of Workplace Retaliation After Filing For Workers' Compensation

The idea of losing one's job can be a terrifying prospect for many workers. This fear is only magnified when an individual is injured on the job, and there's the potential need to file for workers' compensation. While the process is designed to aid those who've been hurt in their workplace, some workers are hesitant to take advantage of it due to concerns about retaliation. 

It's essential to understand that any form of retaliation for claiming workers' compensation is, by law, illegal. Employers who engage in such practices are violating the rights of their employees. That's why it's important to know the various forms of worker compensation employer retaliation that workers might face.

Termination or Firing

One of the most immediate and clear forms of retaliation is termination. After filing for workers' compensation, if an employee is suddenly handed a pink slip without a clear reason, it could be a retaliatory move. Employers might hope that by removing the employee, they can escape the intricacies and obligations related to the compensation claim. But termination without proper cause can lead to more significant legal issues for the employer, particularly if the employee seeks legal counsel to challenge the decision.

Demotion

Sometimes, the retaliation isn't as clear-cut as termination. Demotion is another method employers might use. An employee might find themselves suddenly stripped of their titles, responsibilities, or both. Such a move can significantly harm the employee's career trajectory and self-esteem, making them question the validity of their compensation claim.

Reduction in Wages or Benefits

Financial constraints due to medical bills post-injury can be burdensome. At such a time, discovering a reduction in wages or benefits can be especially distressing. By reducing the economic benefits, employers might be trying to coerce the injured worker into dropping the claim or settling for less than they deserve.

Undesirable Shift Changes or Reassignments

Work routines can be sacred to many. However, after filing a claim, a worker might find their usual day shift changed to a night one or vice-versa. They might be assigned roles that are not in sync with their health status or professional expertise. Such shifts are not only inconvenient but can also be seen as a method to make the employee's work life more challenging.

Exclusion or Isolation

No one wishes to feel like an outsider, especially in their own workplace. Still, isolation can be a weapon some employers use against workers filing for compensation. Being left out of team meetings, not being updated about vital workplace developments, or sensing an overall exclusion can take a massive toll on the injured employee's mental well-being.

Negative Performance Reviews

Performance reviews are pivotal in career growth. Therefore, receiving consistently negative reviews post-injury, especially without any substantial decrease in performance, can be a tactic to discredit the employee. It can harm their confidence, making them second-guess their decision to claim compensation.

Denial of Promotions or Training Opportunities

Being overlooked for promotions or training can stagnate career growth. An injured employee, after filing a claim, might notice opportunities being consistently handed to others, making them feel undervalued. This is another way that career growth can be prevented as a form of workplace retaliation in an attempt to hurt the employee for their workers' compensation claim. 

Harassment or Intimidation

In more severe cases, employees may face blatant harassment or intimidation. This might include being subjected to undue scrutiny, hostile comments, or even threats, creating a toxic work environment.

It's essential to remain vigilant and recognize these potential retaliatory behaviors. If any of these situations arise, seeking guidance, especially legal counsel, becomes crucial. Reach out to Paul R Bennet PC for assistance with your workers' compensation claim.