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When an employer retaliates against an injured employee

Filing for workers compensation is not always a pleasant experience, as some of our readers know. Sometimes, companies take a hostile approach to injured employees looking to take legitimate advantage of their right to workers compensation.            

The intimidation can come in various forms, but can include bullying or derogatory comments at work, pushing an injured worker beyond their restrictions, providing an incentive package to lure an injured worker away from filing for workers’ compensation, or even threatening termination. Whatever form it takes, it isn’t okay. Employers act illegally when they retaliate against an employee for a workers’ compensation filing.

A Kanawha County man recently filed a lawsuit after finding that he was in a situation where his employer retaliated against him for taking advantage of his right to workers’ compensation. According to his complaint, filed March 13, he was actually fired from his construction job after he applied for benefits. He had been injured on the job for reasons not listed by sources. In terms of compensation, he is asking his employer to restore him to his position and to pay him for the time he was not working.

Injured workers should not be made to feel guilty for seeking what is rightfully theirs. Those who are targeted by an employer for filing for workers compensation or who think they may be experiencing any form of bullying or pressure should contact an experienced workers’ compensation attorney to ensure they understand their rights. An experienced attorney will be able to give solid guidance and zealous advocacy as necessary. 

Source: The West Virginia Record, “Man says worker’s comp claim led to firing,” Annie Crosby, April 8, 2014. 

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