Workers’ Compensation and Employer Retaliation: What to Do
The aftermath of a workplace injury can be overwhelming. Workers’ compensation benefits are designed to provide financial and medical support while you recover. However, some employees face an additional challenge: employer retaliation. If you’ve experienced retaliation after filing a workers’ compensation claim, it’s crucial to understand your rights and the steps to protect yourself.
Understanding Employer Retaliation
Employer retaliation occurs when an employer penalizes an employee for exercising their legal rights, such as filing a workers’ compensation claim. Retaliation can take many forms, including:
- Termination: Being fired soon after filing a claim.
- Demotion: A reduction in your role or responsibilities.
- Denied Promotion: Being passed over for a promotion without a valid reason.
- Pay Cuts: A decrease in wages or benefits without justification.
- Harassment: Unfair treatment from colleagues or supervisors.
- Unfavorable Work Conditions: Shifts or conditions changed to make your job harder.
- Unjustified Negative Evaluations: Receiving poor reviews that don’t align with your work performance.
Retaliation is illegal and violates the protections provided by Pennsylvania’s workers’ compensation laws. However, employers can still legally terminate or discipline employees on workers’ compensation benefits if the actions are unrelated to their claim.
To prove a retaliation claim, employees must show (1) they had the right to file a workers’ compensation claim, and (2) they suffered an adverse employment action as a result.
Identifying Retaliation
Recognizing retaliation can be difficult because employers may disguise their actions. Signs of retaliation include:
- Timing: Negative changes in employment status shortly after filing a claim.
- Unusual Behavior: Sudden changes in job duties, performance reviews, or workplace environment.
- Inconsistencies: Disciplinary actions or feedback that don’t align with your previous performance.
What to Do If You Experience Retaliation
1. Document Everything
Keep detailed records of any incidents that seem retaliatory:
- Dates and Details: Maintain a timeline of events, including dates and descriptions of retaliatory acts.
- Communication: Save emails, memos, or other communications related to the retaliation.
- Witnesses: Document the names of anyone who can corroborate your claims.
Accurate documentation will be crucial if you decide to pursue legal action.
2. Review Company Policies
Check your employee handbook or company policies on retaliation and grievance procedures to guide you through the formal reporting process.
3. File a Formal Complaint
Submit a written complaint to HR or the appropriate department. Include evidence and request an investigation into the retaliatory actions.
4. Consult with a Workers’ Compensation Attorney
An experienced attorney can help you navigate the legal complexities. At Stern & Cohen, our workers’ compensation attorneys specialize in retaliation cases, providing guidance on your rights, assessing your case, and representing you through the process. We can also help file complaints with relevant state agencies.
5. File a Complaint with Government Agencies
If internal efforts don’t resolve the issue, consider filing a complaint with a government agency. In Pennsylvania, the Occupational Safety and Health Administration (OSHA) handles workplace safety-related retaliation claims, while the Pennsylvania Department of Labor & Industry addresses workers’ compensation and employment law violations.
Protecting Yourself Moving Forward
Even after addressing retaliation, it’s essential to safeguard your rights:
- Stay Informed: Keep up with Pennsylvania workers’ compensation laws and your rights.
- Maintain Professionalism: Continue performing your duties to avoid further complications.
- Seek Support: Talk to colleagues, friends, or counselors to manage stress and recover from your injury.
Conclusion
Facing retaliation after filing a workers’ compensation claim can be a challenging experience, but you have legal protections. By documenting incidents, reporting the behavior, and seeking legal representation, you can safeguard your rights and work toward a resolution. At Stern & Cohen, we are here to support you and ensure that you receive the fair treatment you deserve.
If you’re experiencing retaliation or have questions about your workers’ compensation claim, contact Stern & Cohen today. Our experienced attorneys are ready to help you navigate your legal options and fight for the justice you’re entitled to.