Understanding Employer Retaliation in Workers' Compensation Claims
Facing retaliation after filing a workers' compensation claim can be overwhelming. Suddenly, the process meant to protect you feels like it’s working against you. Retaliation might appear in subtle ways or take more obvious forms, but either way, it’s serious and not something you have to face alone. Knowing your rights and the steps you can take is key to protecting yourself and your career.
What Employer Retaliation Can Look Like
Retaliation happens when an employer punishes you for something you’re legally allowed to do—like filing a workers' compensation claim. This punishment can show up in different ways, often disguised as routine workplace decisions.
Common Forms of Retaliation
Some of the most common examples include being demoted to a lower-paying position or being suddenly fired without a legitimate reason. Sometimes it’s more subtle—like getting consistently negative performance reviews when nothing about your job performance has changed. Other employees face harassment, reduced hours, or being left out of important meetings or projects.
These actions aren’t just frustrating—they’re illegal. Recognizing these behaviors for what they are is the first step toward taking action and protecting your rights.
Your Legal Protections
The good news? Laws are in place to protect you from this kind of retaliation. At the federal level, OSHA (Occupational Safety and Health Act) ensures you can report unsafe working conditions or file a claim without fear of retaliation. On a state level, additional laws may offer even more protections depending on where you live.
The Role of the EEOC
The Equal Employment Opportunity Commission (EEOC) is another key player in fighting retaliation. If you suspect retaliation, you can file a formal complaint with the EEOC. They’ll step in, investigate, and possibly even pursue legal action on your behalf if there’s evidence to support your claim.
Knowing that you have these protections and agencies on your side can make standing up to retaliation less intimidating.
Steps to Take If You Face Retaliation
Start Documenting Everything
If you think you’re experiencing retaliation, keep detailed records of what’s happening. Note dates, times, and specific details of every incident, whether it’s a change in your job duties, unfair comments, or anything else that feels off. Collecting supporting evidence like emails, performance reviews, or statements from colleagues can help strengthen your case.
Speak Up and Report It
Report your concerns to your HR department first, if possible. Many companies have policies in place to handle these situations internally. But if that doesn’t work (or feels unsafe), you can contact an agency like OSHA, who can investigate the situation further.
Seek Legal Help
Sometimes, the best option is to contact an employment attorney who knows the ins and outs of workers' compensation and retaliation cases. They can assess your situation, guide you through the legal process, and ensure your rights are protected every step of the way.
The Outcomes You Could Achieve
If retaliation is proven, there are several ways to move forward. Legal remedies may include getting your old job back, receiving back pay for lost wages, or compensation for emotional distress. Settlements can sometimes resolve things quickly, but if not, taking the case to court is always an option.
Need Help? Call Ghitterman, Ghitterman & Feld
You don’t have to face employer retaliation on your own. At Ghitterman, Ghitterman & Feld, we’re committed to helping workers protect their rights and move forward with confidence. Our experienced team understands what’s at stake and will fight to get you the best possible outcome.
Call us today at (805) 243-2179 to schedule a consultation and take the first step toward justice.