Filing a workers’ compensation claim is a right protected by law, but some employers may retaliate against employees who exercise this right. Understanding how to handle employer retaliation after filing a workers’ compensation claim is crucial to protecting your job and rights.
Here’s a comprehensive guide on how to handle and respond to employer retaliation. Contact PLBH at (800) 435-7542 for a legal consultation.
Understanding Employer Retaliation
Employer retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a workers’ compensation claim.
Common Forms of Retaliation
- Termination: Firing an employee after they file a workers’ compensation claim.
- Demotion: Reducing the employee’s job rank or responsibilities.
- Pay Reduction: Lowering the employee’s salary or withholding raises and bonuses.
- Hostile Work Environment: Creating a work environment that is intimidating or offensive.
- Unfavorable Job Assignments: Assigning undesirable tasks or shifts as punishment.
Legal Protections Against Retaliation
Federal and state laws provide protections for employees who file workers’ compensation claims and prohibit employers from retaliating against them.
Workers’ Compensation Laws
- Anti-Retaliation Provision: Workers’ compensation laws include provisions that specifically protect employees from retaliation for filing claims.
- Protected Activities: Filing a claim, reporting a workplace injury, and seeking medical treatment are protected activities under these laws.
California State Protections
- Fair Employment and Housing Act (FEHA): FEHA prohibits retaliation against employees for engaging in protected activities, including filing workers’ compensation claims.
- Labor Code Section 132a: This section of the California Labor Code makes it illegal for employers to retaliate against employees who file or intend to file a workers’ compensation claim.
Steps to Take If You Experience Retaliation
If you suspect that you are experiencing retaliation after filing a workers’ compensation claim, it’s important to take immediate action to protect your rights.
Document Everything
- Detailed Records: Keep detailed records of all incidents of retaliation, including dates, times, locations, and descriptions of the events.
- Communications: Save copies of any relevant communications, such as emails, texts, or memos from your employer.
Report the Retaliation
- Internal Reporting: Report the retaliation to your employer or HR department. Follow your company’s procedures for reporting workplace issues.
- Written Complaint: File a formal written complaint detailing the retaliatory actions and how they relate to your workers’ compensation claim.
Filing a Retaliation Complaint
If internal reporting does not resolve the issue, you may need to file a formal retaliation complaint with relevant government agencies.
California Division of Workers’ Compensation (DWC)
- Complaint Filing: File a complaint with the DWC, which investigates workers’ compensation retaliation claims and can take action against employers.
- Deadlines: Be aware of the deadlines for filing a complaint to ensure timely action.
Equal Employment Opportunity Commission (EEOC)
- Discrimination Claims: If the retaliation is based on discrimination, file a complaint with the EEOC, which enforces federal anti-discrimination laws.
Seeking Legal Assistance
Navigating a retaliation claim can be complex, and seeking legal assistance can significantly impact your ability to successfully address the issue.
Benefits of Hiring an Employment Lawyer
- Expert Guidance: An experienced employment lawyer can provide valuable advice on how to handle retaliation.
- Case Preparation: Your lawyer can help you gather and organize evidence to support your claim.
- Representation: If necessary, your lawyer can represent you in negotiations, hearings, or court proceedings to ensure your rights are protected.
How PLBH Can Help
At PLBH, we specialize in representing employees who have experienced retaliation after filing workers’ compensation claims. Our dedicated team is committed to protecting your rights and ensuring you receive the justice you deserve.
If you believe you have been retaliated against after filing a workers’ compensation claim, contact PLBH at (800) 435-7542 for a consultation. Our experienced attorneys are dedicated to providing the support and expertise you need to navigate your claim successfully and protect your rights.