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Protecting the Rights of Injured Workers

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Employer retaliation is possible, but don’t be deterred by it

In our previous post, we tackled the issue of how to cope with stress when dealing with a work injury.

As we noted, there are many different symptoms that can arise from stress. But it is important to recognize them and try to manage them as best you can.

In this post, let’s consider one potential source of anxiety for workers that can add to their stress when pursuing a workers’ compensation claim. That potential anxiety is this nagging question: Will my employer retaliate against me in some way for filing a work comp claim?

As we noted in our article on retaliation, it must be acknowledged that sometimes such retaliation does happen. The law does not allow it, however, and there are protections in place under federal law for workers who properly report injuries and pursue appropriate work comp claims.

Our main point in this piece is a more general one: to make sure you know that retaliatory tactics are not allowed and should not deter you from seeking workers’ compensation after getting hurt on the job.

Of course, there are many different ways that an employer can try to retaliate. This could include:
• Failing to accommodate work injuries upon return to employment
• Excessive monitoring of employee performance or uncalled-for negative reviews
• Threats of various kinds
• Refusal to grant an earned promotion

In short, the possibility of employer retaliation should be seen as just that: a possibility. But it is not a possibility that should prevent you from filing a work comp claim when you do get hurt on the job.

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