Workers' Compensation Retaliation By Dan Atkerson on December 04, 2020

a work injury claim form, law book, and pair of glassesWorkers’ compensation claims are intended to help workers recover following an on-the-job injury. Most employers are fine with their employees filing claims, yet some companies retaliate against employees on workers’ compensation. When this happens, you should get in touch with the Law Offices of Dan A. Atkerson.

Employment law attorney Dan A. Atkerson has helped numerous clients in Allen, Plano, and Frisco, TX who’ve faced workplace retaliation from their employer. Here, we review the basics of workplace retaliation, including the forms it takes and what legal options you have to fight it.

What Is Workplace Retaliation?

Workplace retaliation refers to unjustified adverse actions taken by an employer against an employee. This could mean acts of discrimination as well as actions that affect the employee’s work environment and livelihood.

Retaliation for Workers’ Compensation Claims

You may wonder why a company/employer would retaliate against an employee for filing a workers’ compensation claim. There are a few reasons why companies would take these kinds of actions. For one, employers may face increased insurance costs as a result of the workers’ compensation claim. Secondly, an employer may have to make additional payments to an injured employee if the employer is the direct insurer.

Regardless of added expense to the employer, there are laws against workplace retaliation. Injured employees should not be punished because they filed a workers’ compensation claim for their on-the-job injury.

Forms of Workplace Retaliation

Workplace retaliation can take different forms. Some of the most common examples of employer retaliation include:

  • Termination
  • Demotion
  • Reduced pay
  • Negative performance reviews
  • Shift reassignments
  • Frequent write-ups or disciplinary measures

If you feel that you are being unfairly treated at work because you filed a workers’ compensation claim, you may be the victim of employer retaliation. In such cases, you need to speak with an employment law attorney.

Proving Retaliation for a Workers’ Compensation Claim

Proving that your employer has retaliated against you means more than just having a hunch. You will also need to establish the following facts:

  • You were legally entitled to receive workers’ compensation benefits
  • You filed for and received workers’ compensation benefits
  • Your employer took negative actions against you upon your return
  • Your employer’s actions were motivated by your workers’ compensation claim

Proving the last matter can be difficult, which is why it’s important to retain all correspondence with your employer regarding an on-the-job injury and your claim. Your attorney can review this and other evidence to establish a connection between your legally protected actions and the unlawful retaliatory actions of your employer.

Legal Damages in Retaliation Cases

Damages sought in an employer retaliation lawsuit will depend on the nature of the case. You could be awarded lost wages due to a demotion or cut in salary. You may also be awarded compensatory damages for emotional pain and suffering as a result of the mistreatment you faced at work. Punitive damages may also be sought in order to punish your workplace for their unlawful actions against you simply for seeking workers’ compensation benefits.

Contact the Law Offices of Dan A. Atkerson

If your employer has retaliated against you or mistreated you following an injury, our legal team is here to help. We encourage you to contact our skilled employment law attorney online or call us at (214) 383-3606.

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