
Suffering an injury at work can be overwhelming, especially when you begin the workers’ compensation process. Unfortunately, however, these matters can become even more complicated if you are the victim of retaliation at the hands of your employer for filing a claim. If this reflects your circumstances, the following blog explores what you should know about what constitutes retaliation and the importance of connecting with a Florida workers’ compensation attorney to help you navigate these difficult and complex matters.
What Constitutes Employer Retaliation After Filing a Workers’ Compensation Claim?
Retaliation in the workplace occurs when your employer punishes you for taking advantage of the legal systems in place that are designed to protect you as an employee. As such, if you file a workers’ compensation claim, your employer may retaliate for a number of reasons. This includes protecting their reputation, deterring other employees from filing, or even out of fear that additional claims will result in increased insurance costs.
While some acts of retaliation are outright, like demotions, pay reductions, and outright bullying, other forms are more subtle. This can include slowly reducing your hours, creating a hostile working environment, and passing you over for promotions.
What Should I Do if I Believe I’m a Victim?
If you have reason to believe your employer is retaliating against you, it’s imperative to take the necessary steps to protect yourself. This includes documenting any and all actions you believe are retaliation. You should keep a journal that has the date, time, location, and details of what your employer said or did that constitutes retaliation. It’s also imperative to keep all communications from your employer, including adverse action notices, emails regarding pay cuts or reduction of hours, and any written threats or warnings issued against you.
Additionally, you should continue following your medical plan as discussed with your provider. Any deviation from your recovery plan can be used against you by your employer to diminish the severity of your injuries and dispute your workers’ compensation claim.
Finally, at the first signs that your employer may be retaliating against you for filing a workers’ compensation claim, you should connect with an attorney. Even if you feel as though you’re being treated differently than you were before you filed a claim, an attorney can examine your circumstances and provide critical advice on how to proceed.
Facing retaliation at work for utilizing your rights as an employee can be incredibly difficult to navigate. That is why it’s imperative to connect with an experienced workers’ compensation attorney with the Law Firm of Kevin A. Moore. Our team understands how complicated these matters can be to navigate, which is why we are here to assist you. Not only can we help you file your workers’ comp claim to maximize your benefits, but we can also help you fight unfair and illegal retaliation from your employer. Contact us today to learn how we can fight for you.
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