How Employers Can Retaliate
After a worker’s compensation claim, your employer may start treating you unfairly because they are upset about the claim. Here are some of the ways an employer may retaliate:
- Firing You: Legally, your employer cannot fire you for filing a worker’s compensation claim or taking medical leave. However, they may find some other excuse to dismiss you after filing a claim.
- Refusing To Accommodate Your Injury: Under the Americans With Disabilities Act, employers must make accommodations for your injuries. In some cases, employers will not make accommodations in hopes it will get you to perform your tasks poorly or even quit.
- Failing To Grant A Promotion: Legally, your employer is also not allowed to deny you the right to a promotion because of your injury. If you have earned the new position and are denied, they may be in breach of the law.
- Giving A Bad Performance Review: Giving a bad performance review may be a way to make you feel guilty or punish you for the claim without breaking the law. This unfair practice is pretty common but being injured and filing a claim is no reason to receive a poor evaluation of your job performance.
Proving Employer Retaliation
If your employer is retaliating because of your workers’ compensation claim, that puts your livelihood at risk. If any of these things have happened, you need to speak to your workers’ compensation attorney immediately, because your employer may be in breach of the law. You will have to make a claim your employer is retaliating. Obviously, your employer will deny this so you have to prove your case by showing the following:
- You are entitled to workers’ compensation benefits under Florida state law.
- You filed a claim for compensation through the appropriate channels and within the required time limit.
- You suffered an adverse employment action from the list above.
- Your employer was motivated by the workers’ compensation to take the action against you.
These can sometimes be incredibly difficult claims to prove because they are not cut and dry. In certain cases, your employer can argue that these adverse reactions were valid.
Why Make A Claim Of Employer Retaliation
When an employer is retaliating for your workers’ compensation claim, it can negatively impact your career and your injury case. It is extremely important if you think that your employer is retaliating that you speak with your attorney. If you are able to prove retaliation, you may get your job back, have your injury accommodated, be granted the promotion you are earned, or even be paid punitive damages for discrimination. However, to make a solid claim, you will need an experienced and knowledgeable attorney who can help document and prove the retaliation. Michael Babboni can help!
With over 27 years of fighting for workers’ compensation claims in Florida, Michael has fought against several cases of employer retaliation. With his knowledge and expertise, he can help you prove your employer is retaliating, negotiate a fair settlement, and make sure your income is secure. Call today for a case evaluation to see how Michael can help!