Workers' Compensation Retaliation
At Ryan Employment Law, we believe that every worker should be able to freely exercise their right to draw workers' compensation without fear of retaliation. It is essential to understand what workers' compensation retaliation is and why it's crucial to protect these rights.
What is Workers' Compensation Retaliation?
Workers' compensation retaliation occurs when an employer takes adverse action against an employee for filing a workers' compensation claim. This can include termination, demotion, or other forms of mistreatment.
When an employee suffers a workplace accident, the employee may not sue the employer. The employee’s only recourse is to file a workers’ compensation claim.
Many employers might be upset by this because they pay for workers’ compensation insurance for the employees, and worker’s compensation premiums may rise if an employee takes out workers’ compensation for his or her injuries.
If the employer retaliates against the employee by firing, demoting, or taking any other adverse employment action, the employer has committed an illegal act.
Why Workers' Compensation Retaliation is Wrong
Retaliating against an employee for seeking workers' compensation goes against the law and basic worker rights. It creates a chilling effect that prevents employees from accessing benefits they are entitled to, leading to a toxic work environment.