All employers here in Mississippi have a legal duty to pay into the workers’ compensation system. The point of workers’ compensation is simple: employers pay into the system so that workers’ injuries are paid for in the event of a workplace injury. Employees are covered by workers’ compensation even if the injury was the result of their negligence. Accordingly, it is not a black eye for employers or a sign that they have an unsafe workplace if an employee collects workers’ compensation. However, many employers view a claim as an attack and illegally retaliate against injured employees. I have written the following blog post to help people understand workers’ compensation retaliation, its signs, and what to do if you are retaliated against.
If you or a loved one was injured at work and has subsequently experienced retaliation, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for his or her injury, recovery, and the harm caused by the retaliation. Barrett Law has the experience to help you if you. Contact us now at (601) 790-1505.
Workers’ Compensation Retaliation—Why Does It Happen?
As I indicated above, it is not necessarily an indication of an unsafe workplace when employees file a workers’ compensation claim. So why do employers retaliate? In some cases, if a certain number of employees file workers’ compensation claims, the employer’s workers’ compensation insurance premium can increase. That ends up becoming an actual cost that is imposed upon the employer. Also, some employers simply have an emotional response to any claim filed against them and act defensively and retaliate against the employee making a claim.
What Does Workers’ Compensation Retaliation Look Like?
Most commonly, workers’ compensation retaliation looks like adverse action against the employee shortly after the employee files a claim, has a claim denied or has a claim granted. One thing to keep in mind is that it does not matter if your claim is denied or granted if your employer takes adverse action against you—denial of ordinary vacation leave, termination, denial of a promotion—it is illegal retaliation. Many employers erroneously believe that once your claim is over, they can take adverse action against you. That is incorrect.
What Should You Do if You are the Victim of Workers’ Compensation Retaliation?
If adverse employment action such as termination, harassment, or denial of ordinary leave or pay raises occurs after you file a workers’ compensation claim, you may be the victim of retaliation. First, you should contact an experienced Mississippi workers’ compensation attorney immediately. Second, request and retain all records pertaining to your medical file, your personnel file, and any discipline you have received. Also, request a copy of your employer’s employee handbook and any employee policies. Third, do not talk to coworkers about the matter and stay off of social media regarding the incident; people often complain or vent online, and these statements can come back to haunt you later.
If you were injured at work, regardless of fault, you have every right to file a workers’ compensation claim. It is illegal for your employer to take any action against you in retaliation for filing that claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings. Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you.
Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact us now at (601) 790-1505.
