If you get injured at your workplace, then you're entitled to workers
compensation benefits regardless of who's at fault. This is a deal
that was made during the early 1900s in return for the employees’
pledge not to take any legal actions against employers. While both parties
seemed to be relatively satisfied when the arrangement was made, things
have progressively changed over the years. In particular, some employers
began to take retaliatory actions towards injured workers following
workers compensation case filings.
How do employers retaliate?
Because of the financial repercussions that workers comp cases cause, certain
employers decide to take retaliatory actions to punish their employee such as:
- Demoting them from their hierarchical position
- Cutting their salary
- Discriminating them publicly
- Terminating their contract
To have a good sense of why certain employers take their anger at injured
workers after a work comp case, one should look at the cost of commercial
insurance and the sanctions imposed by the OSHA. As you might know, OSHA
requires all companies to provide a safe work environment for their employees.
So if a work accident occurs, the federal agency will generally ask the
employer to strengthen the safety at their workplace, which usually results
in the unplanned use of financial resources. The same thing is true for
commercial insurance policies whose premiums will inevitably go up by
a certain level.
What should be your course of action?
That your employer decides to take a retaliatory action against your persona
while you're still recovering from your accident damages is beyond
rationality. However, you should keep in mind that the law is on your
side, as you've the right to sue them for retaliatory damage whenever
you want. If you've lost your job as a result of your work comp case,
consider hiring a qualified attorney who will help you get a second work
Working with a work compensation attorney, such as Odegaard Braukmann Law,
will boost your chances of winning the case, since the attorney won't
have much trouble proving that your contract was wrongfully terminated. Please
contact us for more information on workers compensation.