There are laws in place to ensure that workers injured on the job can apply for workers compensation to help pay for medical expenses, time lost from work, and other related expenses. However, many employees are reluctant to file workers comp claims because they fear employer retaliation after the claim is filed.
Because claims filed may raise insurance rates for employers, employees fear that employers will look unfavorably on their work, and take measures to terminate their employment outright or make their working environment inhospitable enough that the employee will be forced to quit and seek employment elsewhere.
If you have filed a workers comp claim and find yourself in an adversarial position with your employer, it is important to understand your rights regarding protected activities. Protected activities are things for which your employer cannot legally penalize you in any way. For example, filing a legally valid workers comp claim is a protected activity. In general, the laws regarding employer action taken after an employee claim can vary from state to state. This makes it essential to check with a local attorney to find out what your rights are. Additionally, the legal definition of what constitutes a protected employee action varies as well. Your attorney can help you navigate this legal issue with success and ensure that your employment rights are protected to the fullest extent of the law.
While dealing with the injuries that led to your workers comp claim is stressful on its own, having the added issue of dealing with potentially unlawful employer retaliation for filing that claim adds insult to injury. If you need help for a situation involving employer retaliation, please contact us. With years of experience in workers comp litigation in Greenville, SC, we will fight for your employment rights with all the tools at our disposal.