Can An Employer Retaliate For Making A Claim For Workers Compensation?

Were you injured while on the job and want to make a claim for workers compensation, but fear that your job could be in jeopardy for doing so? Unfortunately, this may be a reality without federal laws designed to protect employees when making claims. State laws may be in your favor though, which why it is so important to know what your options are when an employer retaliates against you for claiming benefits you deserve.

Know The Basics Of Workplace Retaliation

States will have unique laws pertaining to retaliation by an employer for making a workers compensation claim. The purpose of these laws are to prevent an employer from reducing your salary, giving you a demotion, providing you with false performance reviews, or taking other inappropriate actions against you.

For example, Texas businesses are not allowed to fire somebody if it isn't based on their performance at work. There are even laws in place that will protect employees that file for workers compensation.

It is a good idea to hire a workers compensation attorney to help you navigate the state laws regarding relation from an employer. With so many specific laws at the state level, it may be difficult finding them on your own.

Know How To Prove Workplace Retaliation

The most challenging part of proving workplace retaliation from an employer is showing that your workers compensation claim is what caused their actions. It is up to you to prove that their actions were wrong and only motivated by the claim.

You may need to prepare yourself to disprove every single one of your employer's  points as being incorrect. If you are being accused of poor performance, you must show how you have actually been doing great at your job.

You can also expect any records of your current employment to be questioned. Any previous disciplinary measures that you faced could be used to justify an employer's actions if they are based on performance. It is up to you to prove them wrong and how you are not being treated fairly.

Not having state laws in your favor does not mean you are out of luck when it comes to a successful lawsuit over your employer's wrongdoings. An attorney can advise you if you have the chance at winning a case before you move forward with it. You may be surprised about what an attorney can do for you when the odds feel stacked against you.