Filing for workers’ compensation can be terrifying, especially if you fear punishment from your workplace. You may ask what may happen if you are dismissed after submitting a compensation claim. Unfortunately, there is no fixed solution for this issue as it all depends on the circumstances of your situation. In most cases, however, being dismissed due to your misgivings after filing a workers’ compensation claim is not favorable.
Workers’ Compensation Retaliation Statute
You may be eligible for workers’ compensation reimbursements if you are injured while doing your duties. These benefits may include medical expenditures, lost earnings, and permanent disability compensation. However, if you are terminated for submitting a workers’ compensation claim, you may ask what happens next.
In most situations, if you are dismissed for filing a workers’ compensation claim, you will still be eligible for benefits. This is because the law protects employees who have been hurt on the job and are attempting to recuperate. However, if you are terminated for filing a fake workers’ compensation claim, you will not be reimbursed and may face a lawsuit.
Workers’ compensation retaliation legislation is a complicated and sometimes perplexing aspect of the law. Workers’ compensation legislation prevents employers from retaliating against employees who submit workers’ compensation claims or help investigate a compensation claim.
There are several possible forms of retribution, including:
- Termination
Termination is the process of terminating an employee’s job. It can be initiated by either the employer or the employee. The former may be for an acceptable reason, redundancy, or illegality of the latter’s employment position.
Employers must adhere to laws regarding notice periods and severance pay. In addition, the workers’ compensation retaliation law safeguards employees who are harmed on the job and must submit a workers’ compensation claim.
You might be entitled to sue your employer if you were fired in retaliation for submitting a workers’ compensation claim. You can improve your case by gathering proof of the reprisals and consulting with your attorney, among other things.
- Demotion
If you are demoted after being wounded on the job, you may have a legal claim against your employer. To file a legal claim, you must demonstrate that the damage caused the demotion and that the demotion was unjustified.
Your employer cannot penalize you for getting injured on the job. However, they may breach your rights if they demote you, reduce your hours, or terminate you due to your injury.
- Harassment
Unfortunately, many individuals experience workplace harassment. And when harassment is combined with a work-related injury, the situation can become much more severe. Workers’ compensation is a legal system in the United States designed to provide financial help to employees who sustain injury or illness while at their place of employment. Unfortunately, this system is frequently exploited, and workers who have suffered legitimate injuries may face harassment and punishment from their employers.
- Discrimination
There are several sorts of workplace discrimination. For example, you may be treated differently according to your gender, colour, age, or handicap. You may also face discrimination if you have taken time off due to a work-related accident or sickness.
If you believe you are being discriminated against at work due to an accident or sickness, you may take action. For example, you can chat with your supervisor or human resources or contact an attorney.
If you have experienced workers’ compensation retaliation, you should discuss your rights and options with an experienced workers’ compensation attorney. We can assist you in understanding your rights and answer any questions you may have at Pistiolas Law. Please check our website or call us at (844) 414-1768 immediately for further information.
