Are You Protected After Filing for Workers' Comp?
Many workers are hesitant to file a workers' comp claim because they are afraid of retaliation in the workplace from their employers. However, your employer is required by California law to provide you with workers' compensation if injured while on the job. As much as it may hurt the employer, they have to abide by this or they will be breaking the law. However, it still does happen occasionally.
What can you do if your employer is retaliating against their employees for filing a workers' compensation claim? In this article, we'll discuss your rights as a worker, what the claims process might look like, and what happens if you are retaliated against.
What are your rights as an employee in regard to workers' compensation
Workers' compensation laws vary from state to state, but generally, injured workers are entitled to workers' compensation benefits and protection from an employer's adverse action against an employee. Workers' compensation benefits can include medical expenses, income replacement, and death benefits. Employers cannot fire, suspend, or demote employees for filing workers' compensation claims.
Likewise, you are afforded a variety of options against return employment discrimination upon your decision to come back to work after you have been injured on the job.
1. You can return to work
After an injury, you should be allowed back to work. By returning to work, you're not only helping yourself but also those around you. Several people are involved in the decision: your doctor, your supervisor, and a representative from your employer’s insurance company.
The lines of communication need to be open between everyone for this process to run smoothly. Your doctor needs an understanding of what is physicality required for your job position, and expectations should be set with your supervisor regarding any new limitations.
2. You can change up the work you do or the way you do it
If your workplace injury has stopped you from doing the things you used to do, don't worry! You have employee rights and may still be able to go back to work. Your doctor can help by providing some guidelines that tell your employer what changes need to happen at work and how much you can physically do. This way, they will only assign you tasks that won't make your injury worse.
3. You can not return at all
If your doctor believes that you should not go back to your original job, then tell your employer who may provide you with different yet similar work. If this is unavailable, there are other options such as receiving job displacement or disability benefits.
Injuries and illnesses obtained from your occupation have the potential to change your career trajectory. Even if these impairments are permanent, that shouldn't be the end of your ability to make money.
The benefits of workers' compensation
One of the main benefits included in the requirements for workers' compensation is that it provides workers with financial assistance after an on-the-job injury or illness as a result of their job. Another benefit of workers' compensation is that it can help protect workers from retaliation by their employers. If an employer retaliates against a worker for filing a workers' compensation claim, the worker can file a complaint with the appropriate agency.
By providing financial assistance and protection from retaliation, workers' compensation can help workers recover from their injuries and get back to work.
How to file a workers' compensation claim
When you are injured at work, it is important to file a workers' compensation claim as soon as possible. There are a few steps you need to take in order to file a workers' compensation claim:
Notify your employer of the injury as early as you can - This will help ensure that you receive workers' compensation benefits quickly.
Fill out an accident report with your employer - This will help document the injury and the steps you have taken to recover.
File a workers' compensation claim with the workers' compensation board - This will start the process of receiving benefits for your injury.
While not technically a necessary part of the process, consulting a workers' compensation specialist can help you go through the process more efficiently and may result in a larger amount of benefits for your claim.
What to do if you are retaliated against for filing a workers' compensation claim
If you are retaliated against for filing a workers' compensation claim, there are steps you can take to protect yourself.
First, document everything that happens. Keep a journal of the date, time, and nature of the retaliation, as well as any witnesses.
Next, contact an employment lawyer. They can help you assess your legal options and protect your rights.
Finally, file a complaint with the Department of Labor. The Department of Labor will investigate your complaint and may take action against your employer.
While workers' compensation is designed to protect employees, employers sometimes retaliate against workers who file claims. Retaliation can take many forms, including firing the employee, harassing the employee, or reducing the employee's hours or pay. If you are fired for filing a workers' compensation claim, you may be able to sue your employer for retaliation.
If you have been retaliated against by your employer for filing a workers' compensation claim, it is important to speak with an attorney experienced in this area of law such as those at Cole, Fisher, Cole, O’Keefe + Mahoney.
Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.