Workers' Compensation Enewsletter

Retaliation for Exercising Workers' Compensation Rights

Do you feel your supervisor has been treating you differently since you made a claim for workers compensation benefits? Maybe you are wondering if that demotion or wage decrease would have happened if it were not for your claim. Unfortunately, even though the workers' compensation system is meant to reduce conflict between employees and employers this type of situation is not uncommon.

Employers can have a personal reaction when an employee claims that they were injured at work. They may worry that the workplace accident makes them look bad. The employee might require time off work for medical care or recovery, and the employer or supervisor could feel resentful. Since these reactions are not unusual, most states have laws meant to discourage employers from acting on these feelings by retaliating against employees who are simply asserting their rights.

The laws that prohibit retaliatory action against employees vary from state to state. Some statues may not even include the term retaliation, but will prohibit employers from punishing or discriminating against individual who exercise their rights under the states workers' compensation laws.

The duty not to retaliate against employees is just one of the duties that an employer may owe to the employee in regard to the workers compensation system. Employers' duties may include the requirement to post a notice of compliance with workers' compensation, they are required to make reports of workplace accidents, and they must provide employees with a means to report injuries in a timely fashion. Once a claim for benefits is made employers must comply with the program. If rehabilitation is ordered, for example, the employer must provide reasonable accommodations so that the employee can obtain the services to which they are entitled. When employers do not comply with these requirements they may be subject to fine, civil liability, and, in some case, criminal liability.

When the employer takes retaliatory action against an employee, the procedures available for the employee to challenge the action will vary depending on the severity of the action. One of the most significant things that an employer can do is to fire the individual. When this happens, most states allow an employee to bring a judicial or administrative claim where the employee has their case heard in court or at a hearing. In a few states however, the individual does not have any right to bring a claim for wrongful discharge or retaliatory discharge.

Most employment relationships are at-will, meaning an employer can fire an employee at any time for any reason. Therefore, in order to sue for wrongful discharge the case must fall under an exception to this general principle. Most states have created a statutory exception to this rule so that a person fired for asserting their lawful right to workers' compensation benefits can challenge the firing.

There are good policy reasons for these laws. Workers compensation is designed to be an easily accessible means for injured employees to obtain the medical care they need. When this type of care is readily accessible an employee can receive treatment and return to work as a productive employee. Under this scheme, neither employee, nor employer, need worry about the time and expense involved in litigation. Avoiding lawsuits related to workplace injuries generally saves employers money. Since states wish to encourage compliance with this system they do not want employers to discourage employees from asserting their rights to receive benefits.

Considering the importance of maintaining the workers' compensation system, most states have laws protecting employees from retaliatory action. In a few states, the legislatures have not passed any statutes on this subject but courts have recognized that an employee who is fired in retaliation for applying for workers' compensation benefits should have the right to sue their employer. Although the rights of an employee retaliated against will vary from state to state there is broad support throughout the country discouraging retaliatory behavior by employers.

Fired for Claiming Workers' Compensation Benefits?

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Fired for Claiming Workers' Compensation Benefits?

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