Employer Retaliation Following a Workplace Injury
Lawyer For Employer Retaliation
In Ohio, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. This means that an employer cannot punish an employee in any way for seeking workers’ compensation benefits after suffering a work-related injury or illness.
The purpose of this law is to protect employees who have been injured on the job from being discouraged or intimidated from seeking the benefits they are entitled to. Employers who retaliate against employees for filing workers’ compensation claims undermine the purpose of the program. This can create a hostile work environment.
If an employee feels that they have been retaliated against for filing a workers’ compensation claim, they should report the behavior to the Ohio Bureau of Workers’ Compensation.
Examples of Workplace Discrimination for Retaliation Claims
There are anti-retaliation laws in Ohio that are meant to protect employees from punitive actions by their employer. Under the Affordable Care Act by OSHA, all employees are protected from retaliation.
Firing
Employers who retaliate against employees for filing workers’ compensation claims by firing them are violating the law. It is illegal to terminate an employee for seeking workers’ compensation benefits in Ohio. This kind of retaliation is not only harmful to the employee but also undermines the purpose of the workers’ compensation program.
Denying benefits
This may take the form of the employer disputing the employee’s claim or contesting the employee’s eligibility for benefits. An employer may deny benefits to an injured employee by refusing to pay for medical treatment. Sometimes, they may not provide the necessary time off work to recover from an injury or illness sustained on the job.
Reducing hours
In the case of workers’ compensation, an employer may reduce an employee’s hours as a way of discouraging them from filing a claim. They may also choose to consult with an employment law attorney to protect their rights and seek appropriate legal recourse.
Denying overtime
As for the worker, the main consequence of being denied overtime pay is financial loss. The overtime pay provides additional income for hours worked beyond the regular workweek. Not receiving it can have a significant impact on an employee’s income.
Reducing pay
The main consequence for the worker if their employer reduces their pay as retaliation for workers’ compensation is financial loss. The worker may also experience decreased morale, job satisfaction, and motivation due to the retaliatory action.
Threats
In some cases, employees may face threats such as workplace violence or insider threats. The consequences of such threats can be severe, including physical harm, and emotional trauma. This can have a negative impact on the employee’s career and livelihood.
Intimidation
Intimidation in the workplace can be a form of retaliation by an employer against a worker who has filed a workers’ compensation claim. This can include actions such as threats, verbal abuse, physical abuse, or other actions that create a hostile work environment for the employee. Such behaviors can have serious consequences for the employee. These include emotional distress, fear for their safety, and negative impact on their work performance and job satisfaction.
Blacklisting
Blacklisting in the workplace refers to the practice of an employer or industry preventing someone from getting a job or advancing in their career. Reasons such as whistleblowing, union activities, or other perceived negative behavior. This can occur through the spread of negative information, or rumors about the employee, or by withholding job opportunities or promotions. Blacklisting can be difficult to prove and is often illegal, as it can be considered a form of retaliation or discrimination.
Workers should contact an experienced work injury attorney like myself if any of the actions listed above are/have occurred with your employer following your work-related injury! Avoid being taken advantage of by your employer and seek legal assistance as soon as possible!
What is needed for a valid Workplace Retaliation Claim
The Equal Employment Opportunity Commission was created to fight against workplace discrimination. Similarly, employment laws were enacted to protect against retaliation from employers. For a valid workplace retaliation lawsuit after an employee filed workers compensation, the employee must show that three things have occurred:
The employee engaged in a protected activity, which in this case is filing for workers’ compensation. Workplace discrimination is never acceptable, especially in the case of employer retaliation. Federal law prohibits illegal retaliation for programs that are designed to help workers. Any form of discrimination or harassment after filing for workers compensation is a serious offense. You need a serious attorney who cares about employee rights. I have more than 40 years of working with government agencies and federal employees making sure federal laws are complied with. If your employer retaliated against your perfectly legal right to workers compensation, call me.
The employer took adverse employment actions against the employee. Examples of adverse action include firing, demoting, reducing salary or benefits. Sometimes even changing work schedule, transferring, and denying promotion or a raise. Employer retaliation for a protected activity is illegal. The law gives you retaliation protection, and as an experienced workers comp attorney, I’ll Make Them Pay!®
The adverse action was taken because the employee engaged in the protected activity. If you have filed for workers’ compensation and it has affected your job assignments, you’ve experienced discrimination. Reporting discrimination for this unlawful retaliation is a important for all employees, not just a federal employee. I want to stop illegal conduct like this. If your occupational safety was compromised, and you’ve suffered wrongful termination as a result of employer retaliation, I understand your fear and frustration. I will do whatever possible to ensure your rights are protected, and you receive compensation for your medical expenses and lost wages. You’ve already suffered pain from your injury, you don’t need to suffer from anything else!
If you can show these three elements, you may have a valid retaliation suit and could file a complaint. Your lawsuit can be with the labor commission or pursue a civil lawsuit for monetary damages.
As your Ohio workers’ compensation lawyer, I’ll be there for you, and I’ll Make Them Pay!®
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